Bill Text: TX HB1742 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the rights of certain defendants who successfully complete a term of community supervision.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-06 - Referred to Criminal Jurisprudence [HB1742 Detail]

Download: Texas-2017-HB1742-Introduced.html

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85R6622 MAW-F
By: Canales H.B. No. 1742

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 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 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. 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; and
(3) if the defendant receives the discharge and
dismissal with respect to an offense under Title 5, Penal Code, the
defendant is released from a penalty or disability resulting from
the offense and relating to the possession or ownership of a firearm
only if the judge specifically provides for that release in the
order discharging the defendant.
(f-1) The jurisdiction of the judge to take action under
Subsection (f) continues until the defendant is pardoned.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, 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.
(b) Article 42A.701(f-1), Code of Criminal Procedure, as
added by this Act, applies to any defendant placed on community
supervision, regardless of whether the defendant was placed on
community supervision before, on, or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2017.