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  By: Lopez of Bexar H.B. No. 5177
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the condition of community supervision and procedures
  applicable to the reduction or termination of a defendant's period
  of community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42A.701(f), Code of Criminal Procedure,
  is amended to read as follows:
         (f)  If the judge discharges the defendant under this
  article, the judge may set aside the verdict or permit the defendant
  to withdraw the defendant's plea.  A judge acting under this
  subsection shall dismiss the accusation, complaint, information,
  or indictment against the defendant.  Justice involved veterans who
  successfully complete a Veterans Treatment Court Program, with the
  concurrence of the District Attorney, irrespective of the justice
  involved event, is eligible for discharge and dismissal and is
  released from all penalties and disabilities resulting from the
  justice involved event. A defendant who receives a discharge and
  dismissal under 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.  This Act takes effect September 1, 2023.