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AN ACT
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relating to certain procedures for defendants who successfully |
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complete a period of state jail felony community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsections (l), (m), and (n) to |
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read as follows: |
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(l) On written motion of the defendant after completion of |
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two-thirds of the original community supervision period for a state |
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jail felony with respect to which written consent was obtained |
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under Section 12.44(c), Penal Code, the judge may review the |
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defendant's record and consider whether to amend the record of |
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conviction to reflect a conviction for a Class A misdemeanor in lieu |
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of a state jail felony. On disposition of the community supervision |
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in a manner provided by Section 20, the judge, on discharge of the |
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defendant, may amend the record of conviction to reflect a |
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conviction for a Class A misdemeanor in lieu of a state jail felony, |
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subject to Subsection (m), if: |
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(1) the offense for which the defendant was placed on |
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community supervision was not an offense: |
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(A) under Section 30.02, Section 30.04, Section |
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39.04(a)(2), Section 49.045, or Title 5, Penal Code; |
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(B) under Article 62.102; or |
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(C) involving family violence, as defined by |
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Section 71.004, Family Code; |
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(2) the defendant has fulfilled to the judge's |
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satisfaction all the conditions of community supervision, |
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including the payment of all required restitution, and is not |
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delinquent on the payment of any fines, costs, and fees that the |
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defendant has the ability to pay; |
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(3) the defendant files with the written motion for |
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the hearing a statement that: |
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(A) contains a summary of the defendant's |
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performance during community supervision, including compliance |
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with the conditions of community supervision; and |
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(B) asserts that the defendant meets the |
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conditions for an amendment of the record of conviction under this |
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subsection; |
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(4) the defendant at the time of filing the statement |
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with the court also provides a copy of the motion and statement to |
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the attorney representing the state; and |
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(5) at the hearing held on the motion, the judge finds |
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that an amendment of the record of conviction is in the best |
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interest of justice. |
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(m) A judge who amends a record of conviction under |
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Subsection (l) may not modify the name of the state jail felony |
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offense for which the judge placed the defendant on community |
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supervision. A defendant whose record of conviction is amended |
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under Subsection (l) is not considered to have been convicted of a |
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felony with respect to the modified offense. |
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(n) A record of conviction that is amended under Subsection |
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(l) supersedes and takes the place of the record of conviction as it |
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existed on the original date of conviction. A judge retains |
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jurisdiction for the purposes of Subsection (l) only until the |
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expiration of the term of community supervision. |
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SECTION 2. Section 12.44, Penal Code, is amended by adding |
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Subsection (c) to read as follows: |
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(c) With the written consent of the prosecuting attorney |
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prior to sentencing, the court may amend the record of conviction to |
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reflect a conviction for a Class A misdemeanor in lieu of a state |
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jail felony as provided by Section 15(l), Article 42.12, Code of |
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Criminal Procedure. |
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SECTION 3. The change in law made by this Act applies only |
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to a defendant who is placed on community supervision for an offense |
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committed on or after the effective date of this Act. A defendant |
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who is placed on community supervision for an offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1790 was passed by the House on May 9, |
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2013, by the following vote: Yeas 88, Nays 45, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1790 on May 24, 2013, by the following vote: Yeas 94, Nays 44, |
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3 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1790 was passed by the Senate, with |
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amendments, on May 22, 2013, by the following vote: Yeas 21, Nays |
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10. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |