By Crabb H.B. No. 1163
76R3833 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reduction or termination of a period of community
1-3 supervision.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 20(a), Article 42.12, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) At any time, [after the defendant has satisfactorily
1-8 completed one-third of the original community supervision period or
1-9 two years of community supervision, whichever is less,] the period
1-10 of community supervision may be reduced or terminated by the judge.
1-11 Upon the satisfactory fulfillment of the conditions of community
1-12 supervision, and the expiration of the period of community
1-13 supervision, the judge, by order duly entered, shall amend or
1-14 modify the original sentence imposed, if necessary, to conform to
1-15 the community supervision period and shall discharge the defendant.
1-16 If the judge discharges the defendant under this section, the judge
1-17 may set aside the verdict or permit the defendant to withdraw his
1-18 plea, and shall dismiss the accusation, complaint, information or
1-19 indictment against the defendant, who shall thereafter be released
1-20 from all penalties and disabilities resulting from the offense or
1-21 crime of which he has been convicted or to which he has pleaded
1-22 guilty, except that:
1-23 (1) proof of the conviction or plea of guilty shall be
1-24 made known to the judge should the defendant again be convicted of
2-1 any criminal offense; and
2-2 (2) if the defendant is an applicant for a license or
2-3 is a licensee under Chapter 42, Human Resources Code, the Texas
2-4 Department of Human Services may consider the fact that the
2-5 defendant previously has received community supervision under this
2-6 article in issuing, renewing, denying, or revoking a license under
2-7 that chapter.
2-8 SECTION 2. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.