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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of certain defendants who successfully |
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complete a term of community supervision. |
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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 by amending Subsection (a) and adding |
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Subsections (c), (d), and (e) to read as follows: |
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(a) At any time after the defendant has satisfactorily |
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completed one-third of the original community supervision period or |
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two years of community supervision, whichever is less, the period |
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of community supervision may be reduced or terminated by the |
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judge. On completion of one-half of the original community |
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supervision period or two years of community supervision, whichever |
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is more, the judge shall review the defendant's record and consider |
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whether to reduce or terminate the period of community supervision, |
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unless the defendant is delinquent in paying required restitution, |
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fines, costs, or fees that the defendant has the ability to pay or |
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the defendant has not completed court-ordered counseling or |
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treatment. Before reducing or terminating a period of community |
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supervision or conducting a review under this section, the judge |
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shall notify the attorney representing the state and the defendant |
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or, if the defendant has an attorney, the defendant's attorney. If |
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the judge determines that the defendant has failed to |
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satisfactorily fulfill the conditions of community supervision, |
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the judge shall advise the defendant in writing of the requirements |
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for satisfactorily fulfilling those conditions. Upon the |
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satisfactory fulfillment of the conditions of community |
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supervision, and the expiration of the period of community |
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supervision, the judge, by order duly entered, shall amend or |
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modify the original sentence imposed, if necessary, to conform to |
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the community supervision period and shall discharge the |
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defendant. If the judge discharges the defendant under this |
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section, not later than the 30th day after the date of the |
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defendant's discharge the judge may set aside the verdict or permit |
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the defendant to withdraw the defendant's plea[,] and shall dismiss |
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the 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 has been convicted or to which the defendant has pleaded |
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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 Health and |
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Human Services Commission may consider the fact that the defendant |
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previously has received community supervision under this article in |
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issuing, renewing, denying, or revoking a license under that |
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chapter. |
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(c) If the judge sets aside the verdict or permits the |
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defendant to withdraw the defendant's plea and dismisses the |
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accusation, complaint, information, or indictment against the |
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defendant under Subsection (a), the defendant is not considered to |
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have been convicted of an offense and: |
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(1) a licensing authority may not deny an application |
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for an occupational license, suspend, revoke, or refuse to renew an |
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occupational license, or take any other disciplinary action against |
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the defendant based on the offense of which the defendant otherwise |
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would have been convicted or to which the defendant has pleaded |
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guilty; and |
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(2) the defendant may not be denied a benefit or |
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subject to any civil disability or disqualification based on the |
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offense of which the defendant otherwise would have been convicted |
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or to which the defendant has pleaded guilty. |
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(d) Subsection (c) supersedes any conflicting state statute |
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enacted before September 1, 2015, that purports to deny a benefit or |
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impose a disability or disqualification. |
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(e) Subsection (c) supersedes any conflicting state statute |
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enacted on or after September 1, 2015, unless the statute expressly |
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provides otherwise. |
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SECTION 2. This Act takes effect September 1, 2015. |