79R1115 MFC-D

By:  Whitmire                                                     S.B. No. 1259



A BILL TO BE ENTITLED

AN ACT

relating to the early release of a defendant from community 
supervision.    
	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:
	Sec. 20.  REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION.  
(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.  
On completion of one-half of the original community supervision 
period, the judge shall review the defendant's record and consider 
whether to reduce or terminate the period of community supervision.  
If the judge determines that the defendant has satisfactorily 
fulfilled the conditions of community supervision, the judge shall 
terminate the defendant's period of community supervision.  If the 
judge determines that the defendant has failed to satisfactorily 
fulfill the conditions of community supervision, the judge shall 
advise the defendant in writing of the requirements for 
satisfactorily fulfilling those conditions.  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 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.
	SECTION 2.  This Act applies only to a defendant who is 
originally placed on community supervision on or after the 
effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.