| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a judge regarding a defendant who has |
|
|
been discharged from community supervision. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 42A.701, Code of Criminal Procedure, is |
|
|
amended by amending Subsection (f) and adding Subsection (f-1) to |
|
|
read as follows: |
|
|
(f) If the judge discharges the defendant under this |
|
|
article, the judge: |
|
|
(1) except as provided by Subdivision (2), shall set |
|
|
aside the verdict or permit the defendant to withdraw the |
|
|
defendant's plea; and |
|
|
(2) may set aside the verdict or permit the defendant |
|
|
to withdraw the defendant's plea if the discharge occurs with |
|
|
respect to an offense under Title 5, Penal Code. |
|
|
(f-1) A judge acting under Subsection (f) [this subsection] |
|
|
shall dismiss the accusation, complaint, information, or |
|
|
indictment against the defendant. A defendant who receives a |
|
|
discharge and dismissal under Subsection (f) and this subsection is |
|
|
released from all penalties and disabilities resulting from the |
|
|
offense of which the defendant has been convicted or to which the |
|
|
defendant has pleaded guilty, except that: |
|
|
(1) proof of the conviction or plea of guilty shall be |
|
|
made known to the judge if the defendant is convicted of any |
|
|
subsequent offense; and |
|
|
(2) if the defendant is an applicant for or the holder |
|
|
of a license under Chapter 42, Human Resources Code, the Department |
|
|
of Family and Protective Services may consider the fact that the |
|
|
defendant previously has received community supervision under this |
|
|
chapter in issuing, renewing, denying, or revoking a license under |
|
|
Chapter 42, Human Resources Code. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a defendant placed on community supervision on or after the |
|
|
effective date of this Act, regardless of whether the offense for |
|
|
which the defendant was placed on community supervision was |
|
|
committed before, on, or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |