78S10363 PEP-D
By: Haggerty H.B. No. 105
A BILL TO BE ENTITLED
AN ACT
relating to the operation of community supervision and corrections
departments and to the early release of a defendant from community
supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5(c), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(c) Unless in the judge's opinion the best interest of
society and the defendant will be served if the defendant remains
under supervision, the judge shall dismiss the proceedings and
discharge a defendant, other than a defendant charged with a
misdemeanor or an offense requiring the defendant to register as a
sex offender under Chapter 62, on the defendant's successful
completion of one-third of the original period of community
supervision imposed under Subsection (a) and payment to the court
of a one-time supervision termination fee in the amount of $500.
For the purposes of this subsection, the original period of
community supervision imposed begins on the date the judgment is
entered in the case placing the defendant on community supervision.
With respect to a defendant who is charged with a misdemeanor or is
required to remain under supervision [On expiration of a community
supervision period imposed under Subsection (a) of this section],
if the judge has not proceeded to an adjudication of guilt, the
judge shall dismiss the proceedings against the defendant and
discharge the defendant on expiration of the period of community
supervision imposed under Subsection (a) [him]. The judge may
dismiss the proceedings and discharge a defendant charged with a
misdemeanor, other than [a defendant charged with] an offense
requiring the defendant to register as a sex offender under Chapter
62, [as added by Chapter 668, Acts of the 75th Legislature, Regular
Session, 1997,] prior to the expiration of the term of community
supervision if in the judge's opinion the best interest of society
and the defendant will be served. The judge may not dismiss the
proceedings and discharge a defendant charged with an offense
requiring the defendant to register under Chapter 62 before the
expiration of the period of community supervision imposed under
Subsection (a) [, as added by Chapter 668, Acts of the 75th
Legislature, Regular Session, 1997]. If the judge requires a
defendant, other than a defendant charged with a misdemeanor or an
offense requiring the defendant to register as a sex offender under
Chapter 62, to remain under supervision, the judge shall enter a
written statement in the records of the case specifying the grounds
for the judge's opinion that the best interest of society and the
defendant will be served if the defendant remains under
supervision. Except as provided by Section 12.42(g), Penal Code, a
dismissal and discharge under this section may not be deemed a
conviction for the purposes of disqualifications or disabilities
imposed by law for conviction of an offense. For any defendant who
receives a dismissal and discharge under this section:
(1) upon conviction of a subsequent offense, the fact
that the defendant had previously received community supervision
with a deferred adjudication of guilt shall be admissible before
the court or jury to be considered on the issue of penalty;
(2) if the defendant is an applicant for a license or
is a licensee under Chapter 42, Human Resources Code, the Texas
Department of Human Services may consider the fact that the
defendant previously has received community supervision with a
deferred adjudication of guilt under this section in issuing,
renewing, denying, or revoking a license under that chapter; and
(3) if the defendant is a person who has applied for
registration to provide mental health or medical services for the
rehabilitation of sex offenders, the Interagency Council on Sex
Offender Treatment may consider the fact that the defendant has
received community supervision under this section in issuing,
renewing, denying, or revoking a license or registration issued by
that council.
SECTION 2. Section 19(b), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(b) The judge shall deposit [the fees received under
Subsection (a) of this section] in the special fund of the county
treasury, to be used for the same purposes for which state aid may
be used under Chapter 76, Government Code:
(1) fees received under Subsection (a); and
(2) supervision termination fees received under
Section 5 and Section 20.
SECTION 3. Section 20, Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
Sec. 20. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION.
(a) Unless in the judge's opinion the best interest of society and
the defendant will be served if the defendant remains under
supervision, the judge shall terminate a period of community
supervision for a defendant other than a defendant who enters a plea
of guilty to or is convicted of a misdemeanor or an offense
described by Subsection (b) on the defendant's successful
completion of one-third of the original period of community
supervision imposed and payment to the court of a one-time
supervision termination fee in the amount of $500. For the purposes
of this subsection, the original period of community supervision
imposed begins on the date the judgment is entered in the case
placing the defendant on community supervision. With respect to a
defendant who enters a plea of guilty to or is convicted of a
misdemeanor or is required to remain under supervision, the period
of community supervision is terminated on [At any time, after the
defendant has satisfactorily completed one-third of the original
community supervision period or two years of community supervision,
whichever is less, the period of community supervision may be
reduced or terminated by the judge. Upon] the defendant's
satisfactory fulfillment of the conditions of community
supervision[,] and the expiration of the original period of
community supervision imposed. The judge may terminate a period of
community supervision for a defendant who enters a plea of guilty to
or is convicted of a misdemeanor, other than an offense described by
Subsection (b), prior to the expiration of the original period of
community supervision imposed if the defendant has satisfactorily
completed one-third of that period and, in the judge's opinion, the
best interest of society and the defendant will be served. On
termination of a period of community supervision under this
subsection, the judge, by order duly entered, shall amend or modify
the original sentence imposed, if necessary, to conform to the
community supervision period and shall discharge the defendant. If
the judge discharges the defendant under this subsection [section],
the judge may set aside the verdict or permit the defendant to
withdraw the defendant's [his] plea, and shall dismiss the
accusation, complaint, information or indictment against the
defendant, who shall thereafter be released from all penalties and
disabilities resulting from the offense or crime of which the
defendant [he] has been convicted or to which the defendant [he] has
pleaded guilty, except that:
(1) proof of the conviction or plea of guilty shall be
made known to the judge should the defendant again be convicted of
any criminal offense; and
(2) if the defendant is an applicant for a license or
is a licensee under Chapter 42, Human Resources Code, the Texas
Department of Human Services may consider the fact that the
defendant previously has received community supervision under this
article in issuing, renewing, denying, or revoking a license under
that chapter.
(b) The judge may not terminate a period of community
supervision prior to the expiration of the original period of
community supervision imposed if the [This section does not apply
to a] defendant enters a plea of guilty to or is convicted of an
offense:
(1) under Sections 49.04-49.08, Penal Code; or
(2) [, a defendant convicted of an offense] for which
on conviction registration as a sex offender is required under
Chapter 62[, as added by Chapter 668, Acts of the 75th Legislature,
Regular Session, 1997, or a defendant convicted of an offense
punishable as a state jail felony].
(c) If the judge requires a defendant, other than a
defendant who enters a plea of guilty to or is convicted of a
misdemeanor or an offense described by Subsection (b), to remain
under supervision, the judge shall enter a written statement in the
records of the case specifying the grounds for the judge's opinion
that the best interest of society and the defendant will be served
if the defendant remains under supervision.
SECTION 4. Section 509.011, Government Code, is amended by
adding Subsection (i) to read as follows:
(i) The amount of per capita funding received from the
comptroller based on vouchers prepared and submitted to the
comptroller by the division under Subsection (a)(1) may not be less
than the amount received from the comptroller under that subsection
during fiscal years 2004 and 2005.
SECTION 5. This Act takes effect November 1, 2003, and
applies only to a defendant who is originally placed on community
supervision on or after that date.