|
|
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. |
|
|
|
* * * * * |