83R17052 PEP-D

By: Longoria, Thompson of Harris, Burnam, H.B. No. 1790

Hughes

Substitute the following for H.B. No. 1790:

By: Herrero C.S.H.B. No. 1790

A BILL TO BE ENTITLED

AN ACT

relating to certain procedures for defendants who successfully complete a period of state jail felony community supervision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 15, Article 42.12, Code of Criminal Procedure, is amended by adding Subsections (l) and (m) to read as follows:

(l) A judge who places a defendant on community supervision following conviction of a state jail felony shall inform the defendant of the procedure provided for a modification of the order of conviction under this subsection. On completion of two-thirds of the original community supervision period, the judge shall review the defendant's record and consider whether to modify the record of conviction to reflect a conviction for a Class A misdemeanor in lieu of a state jail felony. The judge shall dispose of the case in the manner provided by Section 20, except that the judge, on discharge of the defendant, shall modify the record of conviction, subject to Subsection (m), if:

(1) the offense for which the defendant was placed on community supervision was not an offense:

(A) under Section 39.04(a)(2), Section 49.045, or Title 5, Penal Code;

(B) under Article 62.102 of this code; or

(C) involving family violence, as defined by Section 71.004, Family Code;

(2) the defendant has satisfactorily fulfilled all the conditions of community supervision, including the payment of all required restitution, and is not delinquent on the payment of any fines, costs, and fees that the defendant has the ability to pay;

(3) promptly after review of the defendant's record, the judge provides written notice of the right to request a hearing to the attorney representing the state and the defendant or, if the defendant has an attorney, the defendant's attorney; and

(4) before the expiration of the term of community supervision:

(A) a hearing is not requested by either party; or

(B) a hearing is held at which the judge finds that a modification of the record of conviction is in the best interest of justice.

(m) A judge who modifies a record of conviction under Subsection (l) may not modify the name of the state jail felony offense for which the judge placed the defendant on community supervision. A defendant whose record of conviction is modified under Subsection (l) is not considered to have been convicted of a felony with respect to the modified offense for any purpose other than the purpose described by Section 20(a)(1).

SECTION 2. The change in law made by this Act applies only to a defendant who is placed on community supervision on or after the effective date of this Act, regardless of whether the offense for which the defendant is placed on community supervision is committed before, on, or after that date.

SECTION 3. This Act takes effect September 1, 2013.