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House Bill 1790 |
House Author: Longoria et al. |
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Effective: Vetoed |
Senate Sponsor: Hinojosa |
House Bill 1790 amends the Code of Criminal Procedure and the Penal Code to require a judge, on written motion of a defendant after completion of two-thirds of the original community supervision period for a state jail felony with respect to which written consent was obtained from the prosecuting attorney, to review the defendant's record, consider whether to amend the conviction record to reflect a conviction for a Class A misdemeanor in lieu of a state jail felony, and, on terminating the community supervision and discharging the defendant, to amend the conviction record in that manner if the relevant offense and the defendant meet certain requirements and the judge finds that amending the record is in the best interest of justice. The bill prohibits a judge who amends the conviction record in that manner from modifying the name of the offense, establishes that a defendant whose record is so amended is not considered to have been convicted of a felony with respect to the modified offense, and establishes that an amended record supersedes and replaces the original conviction record as it existed on the original date of conviction.
Reason Given for Veto: "The intent of House Bill 1790 can already be achieved under current law. A mechanism already exists to prosecute a state jail felony as a Class A misdemeanor in circumstances where the prosecutor sees fit. Adding the option to reduce the conviction at the back end of a case will cause additional and unnecessary court procedures, reduce judicial efficiency, and add to the costs of our criminal justice system."