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79R6536 PEP-F

By:  Allen of Dallas                                              H.B. No. 1917


A BILL TO BE ENTITLED
AN ACT
relating to the procedures for reducing or terminating a term of community supervision imposed on a criminal defendant. 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) After the defendant satisfactorily completes one-fourth of the original period of community supervision imposed under Subsection (a), the defendant by written motion may request the judge to reduce or terminate the period of community supervision. After the defendant satisfactorily completes one-third of the original period of community supervision imposed under Subsection (a) or two years of community supervision, whichever is less, if a written motion has been filed under this subsection, the judge shall review the case and may reduce or terminate the period of community supervision. After the defendant satisfactorily completes six years of a period of community supervision that as originally imposed was longer than six years, regardless of whether a written motion has been filed under this subsection, 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 the defendant. On expiration of the original period 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 [him]. For the purposes of this subsection, the original period of community supervision imposed under Subsection (a) begins on the date the judgment is entered in the case placing the defendant on community supervision. [The judge 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, 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 as a sex offender under Chapter 62 before the expiration of the original period of community supervision imposed under Subsection (a) [, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997]. A defendant may annually file a written motion under this subsection. The Texas Department of Criminal Justice shall develop and make available on request a form to assist a defendant in filing the motion. In determining whether to reduce or terminate a period of community supervision under this subsection, a judge shall consider the defendant's compliance with the conditions of community supervision and, with respect to any condition requiring the defendant to pay fines, court costs, or restitution, shall consider the defendant's ability to pay. If the judge requires a defendant, other than a defendant charged with 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 decision and shall admonish the defendant that the judge will consider whether the defendant has made progress toward eliminating those grounds for denial in arriving at any subsequent decision to reduce or terminate the period of community 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 20, Article 42.12, Code of Criminal Procedure, is amended to read as follows: Sec. 20. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION. (a) After the defendant satisfactorily completes one-fourth of the original period of community supervision imposed, the defendant by written motion may request the judge to reduce or terminate the period of community supervision. After [At any time, after] the defendant [has] satisfactorily completes [completed] one-third of the original period of community supervision imposed [period] or two years of community supervision, whichever is less, if a written motion has been filed under this subsection, the judge shall review the case and may reduce or terminate the period of community supervision [may be reduced or terminated by the judge]. After the defendant satisfactorily completes six years of a period of community supervision that as originally imposed was longer than six years, regardless of whether a written motion has been filed under this subsection, 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 the defendant. With respect to a defendant who is required to remain under supervision, the period of community supervision is terminated on [Upon] the satisfactory fulfillment of the conditions of community supervision[,] and the expiration of the original period of community supervision imposed. 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. A defendant may annually file a written motion under this subsection. The Texas Department of Criminal Justice shall develop and make available on request a form to assist a defendant in filing the motion. In determining whether to reduce or terminate a period of community supervision under this subsection, a judge shall consider the defendant's compliance with the conditions of community supervision and, with respect to any condition requiring the defendant to pay fines, court costs, or restitution, shall consider the defendant's ability to pay. If the judge requires a defendant, other than a defendant 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 decision and shall admonish the defendant that the judge will consider whether the defendant has made progress toward eliminating those grounds for denial in arriving at any subsequent decision to reduce or terminate the period of community supervision. 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 is convicted of: (1) an offense under Sections 49.04-49.08, Penal Code; (2) [, a defendant convicted of] an offense for which on conviction registration as a sex offender is required under Chapter 62; or (3) [, 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. SECTION 3. This Act applies only to a defendant who is originally placed on community supervision on or after September 1, 2005. SECTION 4. This Act takes effect September 1, 2005.