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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 26.13(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) Prior to accepting a plea of guilty or a plea of nolo |
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contendere, the court shall admonish the defendant of: |
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(1) the range of the punishment attached to the |
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offense; |
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(2) the fact that the recommendation of the |
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prosecuting attorney as to punishment is not binding on the court. |
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Provided that the court shall inquire as to the existence of a plea |
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bargain agreement between the state and the defendant and, if an |
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agreement exists, the court shall inform the defendant whether it |
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will follow or reject the agreement in open court and before any |
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finding on the plea. Should the court reject the agreement, the |
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defendant shall be permitted to withdraw the defendant's plea of |
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guilty or nolo contendere; |
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(3) the fact that if the punishment assessed does not |
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exceed the punishment recommended by the prosecutor and agreed to |
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by the defendant and the defendant's attorney, the trial court must |
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give its permission to the defendant before the defendant may |
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prosecute an appeal on any matter in the case except for those |
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matters raised by written motions filed prior to trial; |
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(4) the fact that if the defendant is not a citizen of |
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the United States of America, a plea of guilty or nolo contendere |
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for the offense charged may result in deportation, the exclusion |
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from admission to this country, or the denial of naturalization |
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under federal law; [and] |
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(5) the fact that the defendant will be required to |
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meet the registration requirements of Chapter 62, if the defendant |
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is convicted of or placed on deferred adjudication for an offense |
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for which a person is subject to registration under that chapter; |
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and |
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(6) the fact that if the defendant is placed on |
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community supervision, after satisfactorily fulfilling the |
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conditions of community supervision and on expiration of the period |
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of community supervision, the court is authorized to release the |
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defendant from the penalties and disabilities resulting from the |
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offense as provided by Article 42A.701(f). |
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SECTION 2. Article 42A.701, Code of Criminal Procedure, is |
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amended by adding Subsections (f-1) and (f-2) to read as follows: |
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(f-1) The Office of Court Administration of the Texas |
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Judicial System shall adopt a standardized form for use in |
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discharging a defendant under this article. A judge discharging a |
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defendant under this article must use the form adopted under this |
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subsection. The form must provide for the judge to: |
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(1) discharge the defendant; or |
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(2) discharge the defendant, set aside the verdict or |
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permit the defendant to withdraw the defendant's plea, and dismiss |
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the accusation, complaint, information, or indictment against the |
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defendant. |
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(f-2) The form adopted under Subsection (f-1) must state |
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that a defendant who receives a discharge described by Subsection |
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(f-1)(2) is released from the penalties and disabilities resulting |
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from the offense as provided by Subsection (f). |
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SECTION 3. (a) Not later than December 1, 2017, the Office |
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of Court Administration of the Texas Judicial System shall adopt |
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the form required by Article 42A.701(f-1), Code of Criminal |
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Procedure, as added by this Act. |
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(b) Articles 42A.701(f-1) and (f-2), Code of Criminal |
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Procedure, as added by this Act, apply only to a discharge from |
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community supervision that occurs on or after January 1, 2018. A |
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discharge from community supervision that occurs before January 1, |
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2018, is governed by the law in effect on the date the discharge |
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occurs, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |