78R5989 PEP-F

By:  Swinford                                                     H.B. No. 1802



A BILL TO BE ENTITLED

AN ACT

relating to the completion of community supervision for certain 
criminal defendants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 20(a), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(a)  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, 
after notice and an opportunity to appear are provided to the 
attorney representing the state.  Upon the satisfactory fulfillment 
of the conditions of community supervision, and the expiration of 
the period of community supervision, 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 section, the judge may set aside the verdict or permit 
the defendant to withdraw 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 he has 
been convicted or to which 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.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to a 
defendant placed on community supervision for an offense committed 
on or after September 1, 2003.  A defendant placed on community 
supervision for an offense committed before September 1, 2003, is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this subsection, an offense was committed before September 1, 2003, 
if any element of the offense was committed before that date.