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A BILL TO BE ENTITLED
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AN ACT
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relating to the reduction or termination of the period of community |
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supervision imposed on a defendant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 20, Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 20. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION. |
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[(a)] At any time prior to the expiration of the term of community |
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supervision if in the judge's opinion the best interest of society |
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and the defendant will be served, [after the defendant has
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satisfactorily completed one-third of the original community
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supervision period or two years of community supervision, whichever
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is less,] the period of community supervision may be reduced or |
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terminated by the judge. Upon the satisfactory fulfillment of the |
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conditions of community supervision, and the expiration of the |
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period of community supervision, the judge, by order duly entered, |
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shall amend or modify the original sentence imposed, if necessary, |
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to conform to the community supervision period and shall discharge |
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the defendant. If the judge discharges the defendant under this |
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section, the judge may set aside the verdict or permit the defendant |
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to withdraw the defendant's [his] plea, and shall dismiss the |
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accusation, complaint, information or indictment against the |
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defendant, who shall thereafter be released from all penalties and |
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disabilities resulting from the offense or crime of which the |
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defendant [he] has been convicted or to which the defendant [he] has |
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pleaded guilty, except that: |
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(1) proof of the conviction or plea of guilty shall be |
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made known to the judge should the defendant again be convicted of |
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any criminal offense; and |
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(2) if the defendant is an applicant for a license or |
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is a licensee under Chapter 42, Human Resources Code, the Texas |
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Department of Family and Protective [Human] Services may consider |
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the fact that the defendant previously has received community |
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supervision under this article in issuing, renewing, denying, or |
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revoking a license under that chapter. |
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[(b) This section does not apply to a defendant convicted of
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an offense under Sections 49.04-49.08, Penal Code, a defendant
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convicted of an offense for which on conviction registration as a
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sex offender is required under Chapter 62, as added by Chapter 668,
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Acts of the 75th Legislature, Regular Session, 1997, or a defendant
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convicted of an offense punishable as a state jail felony.] |
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SECTION 2. The change in law made by this Act applies to a |
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defendant placed on community supervision for an offense committed |
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before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |