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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.