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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 42A.701, Code of Criminal Procedure, is |
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amended by amending Subsection (f) and adding Subsection (f-1) to |
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read as follows: |
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(f) If the judge discharges the defendant under this |
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article, the judge may set aside the verdict or permit the defendant |
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to withdraw the defendant's plea. A judge acting under this |
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subsection shall dismiss the accusation, complaint, information, |
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or indictment against the defendant. A defendant who receives a |
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discharge and dismissal under this subsection is released from all |
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penalties and disabilities resulting from the offense of which the |
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defendant has been convicted or to which the defendant has pleaded |
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guilty, except that: |
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(1) proof of the conviction or plea of guilty shall be |
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made known to the judge if the defendant is convicted of any |
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subsequent offense; [and] |
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(2) if the defendant is an applicant for or the holder |
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of a license under Chapter 42, Human Resources Code, the Department |
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of Family and Protective Services may consider the fact that the |
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defendant previously has received community supervision under this |
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chapter in issuing, renewing, denying, or revoking a license under |
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Chapter 42, Human Resources Code; and |
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(3) if the defendant receives the discharge and |
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dismissal with respect to an offense under Title 5, Penal Code, the |
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defendant is released from a penalty or disability resulting from |
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the offense and relating to the possession or ownership of a firearm |
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only if the judge specifically provides for that release in the |
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order discharging the defendant. |
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(f-1) The jurisdiction of the judge to take action under |
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Subsection (f) continues until the defendant is pardoned. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, the change in law made by this Act applies only to a |
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defendant placed on community supervision on or after the effective |
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date of this Act, regardless of whether the offense for which the |
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defendant was placed on community supervision was committed before, |
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on, or after the effective date of this Act. |
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(b) Article 42A.701(f-1), Code of Criminal Procedure, as |
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added by this Act, applies to any defendant placed on community |
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supervision, regardless of whether the defendant was placed on |
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community supervision before, on, or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |