Bill Text: TX HB215 | 2017-2018 | 85th Legislature | Introduced
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) 2017-02-13 - Referred to Criminal Jurisprudence [HB215 Detail]
Download: Texas-2017-HB215-Introduced.html
85R1981 MEW-D | ||
By: Canales | H.B. No. 215 |
|
||
|
||
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 Subsections (f-1), | ||
(f-2), (f-3), and (f-4) to read as follows: | ||
(f) If the judge discharges the defendant under this | ||
article, not later than the 30th day after the date of the | ||
defendant's discharge 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. | ||
(f-1) If the judge sets aside the verdict or permits the | ||
defendant to withdraw the defendant's plea and dismisses the | ||
accusation, complaint, information, or indictment against the | ||
defendant under Subsection (f), the defendant is not considered to | ||
have been convicted of an offense and: | ||
(1) a licensing authority may not deny an application | ||
for an occupational license, suspend, revoke, or refuse to renew an | ||
occupational license, or take any other disciplinary action against | ||
the defendant based on the offense of which the defendant otherwise | ||
would have been convicted or to which the defendant has pleaded | ||
guilty; and | ||
(2) the defendant may not be denied a benefit or | ||
subject to any civil disability or disqualification based on the | ||
offense of which the defendant otherwise would have been convicted | ||
or to which the defendant has pleaded guilty. | ||
(f-2) Subsection (f-1) supersedes any conflicting state | ||
statute enacted before September 1, 2017, that purports to deny a | ||
benefit or impose a disability or disqualification. | ||
(f-3) Subsection (f-1) supersedes any conflicting state | ||
statute enacted on or after September 1, 2017, unless the statute | ||
expressly provides otherwise. | ||
(f-4) A dismissal under Subsection (f) does not release the | ||
defendant from the obligation to pay any required restitution, | ||
fines, costs, or fees ordered by the court. | ||
SECTION 2. This Act takes effect September 1, 2017. |