Bill Text: TX HB3790 | 2017-2018 | 85th Legislature | Introduced

Texas House Bill 3790 (Prior Session Legislation)

Introduced

Bill Title: Relating to the authority of a judge regarding a defendant who has been discharged from community supervision.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-31 - Referred to Criminal Jurisprudence [HB3790 Detail]

Download: Texas-2017-HB3790-Introduced.html

	85R13582 MAW-F

	By: Cook	H.B. No. 3790



	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.