85R19607 MAW-D
 
  By: Giddings, Hernandez H.B. No. 1507
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the rights of certain defendants who successfully
  complete a term of community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 26.13(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  Prior to accepting a plea of guilty or a plea of nolo
  contendere, the court shall admonish the defendant of:
               (1)  the range of the punishment attached to the
  offense;
               (2)  the fact that the recommendation of the
  prosecuting attorney as to punishment is not binding on the court.
  Provided that the court shall inquire as to the existence of a plea
  bargain agreement between the state and the defendant and, if an
  agreement exists, the court shall inform the defendant whether it
  will follow or reject the agreement in open court and before any
  finding on the plea. Should the court reject the agreement, the
  defendant shall be permitted to withdraw the defendant's plea of
  guilty or nolo contendere;
               (3)  the fact that if the punishment assessed does not
  exceed the punishment recommended by the prosecutor and agreed to
  by the defendant and the defendant's attorney, the trial court must
  give its permission to the defendant before the defendant may
  prosecute an appeal on any matter in the case except for those
  matters raised by written motions filed prior to trial;
               (4)  the fact that if the defendant is not a citizen of
  the United States of America, a plea of guilty or nolo contendere
  for the offense charged may result in deportation, the exclusion
  from admission to this country, or the denial of naturalization
  under federal law; [and]
               (5)  the fact that the defendant will be required to
  meet the registration requirements of Chapter 62, if the defendant
  is convicted of or placed on deferred adjudication for an offense
  for which a person is subject to registration under that chapter;
  and
               (6)  the fact that if the defendant is placed on
  community supervision, after satisfactorily fulfilling the
  conditions of community supervision and on expiration of the period
  of community supervision, the court is authorized to release the
  defendant from the penalties and disabilities resulting from the
  offense as provided by Article 42A.701(f).
         SECTION 2.  Subchapter B, Chapter 42A, Code of Criminal
  Procedure, is amended by adding Article 42A.058 to read as follows:
         Art. 42A.058.  INFORMATION PROVIDED TO DEFENDANT PLACED ON
  COMMUNITY SUPERVISION. A judge placing a defendant on community
  supervision shall inform the defendant in writing and on a form
  prescribed by the Office of Court Administration of the Texas
  Judicial System that, after satisfactorily fulfilling the
  conditions of community supervision and on expiration of the period
  of community supervision, the judge is authorized to release the
  defendant from the penalties and disabilities resulting from the
  offense as provided by Article 42A.701(f).
         SECTION 3.  Article 42A.701, Code of Criminal Procedure, is
  amended by adding Subsections (f-1) and (f-2) to read as follows:
         (f-1)  The Office of Court Administration of the Texas
  Judicial System shall adopt a standardized form for use in
  discharging a defendant under this article. A judge discharging a
  defendant under this article must use the form adopted under this
  subsection. The form must provide for the judge to:
               (1)  discharge the defendant; or
               (2)  discharge the defendant, set aside the verdict or
  permit the defendant to withdraw the defendant's plea, and dismiss
  the accusation, complaint, information, or indictment against the
  defendant.
         (f-2)  The form adopted under Subsection (f-1) must state
  that a defendant who receives a discharge described by Subsection
  (f-1)(2) is released from the penalties and disabilities resulting
  from the offense as provided by Subsection (f).
         SECTION 4.  (a)  Not later than December 1, 2017, the Office
  of Court Administration of the Texas Judicial System shall adopt
  the forms required by Articles 42A.058 and 42A.701(f-1), Code of
  Criminal Procedure, as added by this Act.
         (b)  Article 26.13(a), Code of Criminal Procedure, as
  amended by this Act, applies only to a plea of guilty or a plea of
  nolo contendere accepted by a court on or after January 1, 2018,
  regardless of whether the offense for which the plea was submitted
  was committed before, on, or after that date.
         (c)  Article 42A.058, Code of Criminal Procedure, as added by
  this Act, applies only to a defendant placed on community
  supervision on or after January 1, 2018, regardless of whether the
  offense for which the defendant was placed on community supervision
  was committed before, on, or after that date.
         (d)  Articles 42A.701(f-1) and (f-2), Code of Criminal
  Procedure, as added by this Act, apply only to a discharge from
  community supervision that occurs on or after January 1, 2018. A
  discharge from community supervision that occurs before January 1,
  2018, is governed by the law in effect on the date the discharge
  occurs, and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2017.