BILL ANALYSIS

H.B. 152

By: Dutton

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that an individual convicted of an offense under state law should be eligible to apply for a restoration of certain civil rights forfeited under state law as a result of that conviction in the same way an individual convicted of certain offenses under federal law or the laws of another country is eligible to so apply. H.B. 152 seeks to extend such eligibility for the restoration of certain rights to an individual convicted of any offense under state law.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 152 amends the Code of Criminal Procedure to extend eligibility for applying for restoration of civil rights forfeited under state law as a result of a conviction of an offense to an individual convicted of any offense under state law. The bill makes the condition on such eligibility with regard to a federal offense that the conviction occur three or more years before the application date applicable to all eligible offenses. The bill applies to a defendant who is convicted of an offense before, on, or after the bill's effective date.

EFFECTIVE DATE

September 1, 2017.