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A BILL TO BE ENTITLED
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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) and (m) to read as |
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follows: |
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(l) A judge who places a defendant on community supervision |
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following conviction of a state jail felony shall inform the |
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defendant of the procedure provided for a modification of the order |
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of conviction under this subsection. Not later than the 70th day |
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before the date on which the defendant will complete the term of |
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community supervision imposed by the judge, the defendant may |
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request the judge to modify 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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The judge shall dispose of the case in the manner provided by |
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Section 20, except that the judge, on discharge of the defendant, |
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shall grant the defendant's request to modify the record of |
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conviction, 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 under Title 5, Penal Code; |
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(2) the defendant has satisfactorily fulfilled all the |
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conditions of community supervision, including the payment of all |
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required restitution, and is not delinquent on the payment of any |
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fines, costs, and fees that the defendant has the ability to pay; |
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(3) on receipt of a request under this subsection, the |
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judge provides written notice of the right to request a hearing to |
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the attorney representing the state and the defendant or, if the |
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defendant has an attorney, the defendant's attorney; and |
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(4) before the expiration of the term of community |
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supervision: |
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(A) a hearing is not requested by either party; |
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or |
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(B) a hearing is held at which the judge finds |
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that a modification of the record of conviction is in the best |
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interest of justice. |
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(m) A judge who modifies 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 modified |
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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 for any purpose other |
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than the purpose described by Section 20(a)(1). |
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SECTION 2. The change in law made by this Act applies only |
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to a defendant who is placed on community supervision on or after |
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the effective date of this Act, regardless of whether the offense |
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for which the defendant is placed on community supervision is |
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committed before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2013. |