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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. Article 42A.701, Code of Criminal Procedure, is |
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amended by amending Subsection (f) and adding Subsections (f-1), |
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(f-2), (f-3), and (f-4) to read as follows: |
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(f) If the judge discharges the defendant under this |
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article, 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. A judge acting |
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under this subsection shall dismiss the accusation, complaint, |
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information, or indictment against the defendant. A defendant who |
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receives a discharge and dismissal under this subsection is |
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released from all penalties and disabilities resulting from the |
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offense of which the defendant has been convicted or to which the |
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defendant has pleaded 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 if the defendant is convicted of any |
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subsequent offense; and |
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(2) if the defendant is an applicant for or the holder |
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of a license under Chapter 42, Human Resources Code, the Department |
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of Family and Protective Services may consider the fact that the |
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defendant previously has received community supervision under this |
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chapter in issuing, renewing, denying, or revoking a license under |
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Chapter 42, Human Resources Code. |
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(f-1) 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 (f), 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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(f-2) Subsection (f-1) supersedes any conflicting state |
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statute enacted before September 1, 2017, that purports to deny a |
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benefit or impose a disability or disqualification. |
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(f-3) Subsection (f-1) supersedes any conflicting state |
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statute enacted on or after September 1, 2017, unless the statute |
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expressly provides otherwise. |
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(f-4) A dismissal under Subsection (f) does not release the |
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defendant from the obligation to pay any required restitution, |
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fines, costs, or fees ordered by the court. |
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SECTION 2. This Act takes effect September 1, 2017. |