By: Haggerty H.B. No. 2624
A BILL TO BE ENTITLED
AN ACT
Relating to early release 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) On expiration of a community supervision period imposed
under Subsection (a) of this section, if the judge has not proceeded
to adjudication of guilt, the judge shall dismiss the proceedings
against the defendant and discharge him. The judge shall [may]
dismiss the proceedings and discharge a defendant, 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,] if the
defendant has successfully completed one-third or two years of his
sentence, whichever is less. [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.]
SECTION 2. Section 20(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) If [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 shall [may] be [reduced or] terminated by
the judge. 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.
SECTION 3. EFFECTIVE DATE. This Act takes effect September
1, 2003.