Bill Text: TX HB1507 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the rights of certain defendants who successfully complete a term of community supervision.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1507 Detail]
Download: Texas-2017-HB1507-Enrolled.html
| H.B. No. 1507 | ||
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| 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 26.13, Code of Criminal Procedure, is | ||
| amended by amending Subsection (a) and adding Subsection (h-1) to | ||
| read as follows: | ||
| (a) Prior to accepting a plea of guilty or a plea of nolo | ||
| contendere, the court shall admonish the defendant of: | ||
| (1) the range of the punishment attached to the | ||
| offense; | ||
| (2) the fact that the recommendation of the | ||
| prosecuting attorney as to punishment is not binding on the court. | ||
| Provided that the court shall inquire as to the existence of a plea | ||
| bargain agreement between the state and the defendant and, if an | ||
| agreement exists, the court shall inform the defendant whether it | ||
| will follow or reject the agreement in open court and before any | ||
| finding on the plea. Should the court reject the agreement, the | ||
| defendant shall be permitted to withdraw the defendant's plea of | ||
| guilty or nolo contendere; | ||
| (3) the fact that if the punishment assessed does not | ||
| exceed the punishment recommended by the prosecutor and agreed to | ||
| by the defendant and the defendant's attorney, the trial court must | ||
| give its permission to the defendant before the defendant may | ||
| prosecute an appeal on any matter in the case except for those | ||
| matters raised by written motions filed prior to trial; | ||
| (4) the fact that if the defendant is not a citizen of | ||
| the United States of America, a plea of guilty or nolo contendere | ||
| for the offense charged may result in deportation, the exclusion | ||
| from admission to this country, or the denial of naturalization | ||
| under federal law; [ |
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| (5) the fact that the defendant will be required to | ||
| meet the registration requirements of Chapter 62, if the defendant | ||
| is convicted of or placed on deferred adjudication for an offense | ||
| for which a person is subject to registration under that chapter; | ||
| and | ||
| (6) the fact that if the defendant is placed on | ||
| community supervision, after satisfactorily fulfilling the | ||
| conditions of community supervision and on expiration of the period | ||
| of community supervision, the court is authorized to release the | ||
| defendant from the penalties and disabilities resulting from the | ||
| offense as provided by Article 42A.701(f). | ||
| (h-1) The court must substantially comply with Subsection | ||
| (a)(6). The failure of the court to comply with Subsection (a)(6) | ||
| is not a ground for the defendant to set aside the conviction, | ||
| sentence, or plea. | ||
| SECTION 2. Subchapter B, Chapter 42A, Code of Criminal | ||
| Procedure, is amended by adding Article 42A.058 to read as follows: | ||
| Art. 42A.058. INFORMATION PROVIDED TO DEFENDANT PLACED ON | ||
| COMMUNITY SUPERVISION. A judge placing a defendant on community | ||
| supervision shall inform the defendant in writing and on a form | ||
| prescribed by the Office of Court Administration of the Texas | ||
| Judicial System that, after satisfactorily fulfilling the | ||
| conditions of community supervision and on expiration of the period | ||
| of community supervision, the judge is authorized to release the | ||
| defendant from the penalties and disabilities resulting from the | ||
| offense as provided by Article 42A.701(f). | ||
| SECTION 3. Article 42A.701, Code of Criminal Procedure, is | ||
| amended by adding Subsections (f-1) and (f-2) to read as follows: | ||
| (f-1) The Office of Court Administration of the Texas | ||
| Judicial System shall adopt a standardized form for use in | ||
| discharging a defendant under this article. A judge discharging a | ||
| defendant under this article must use the form adopted under this | ||
| subsection. The form must provide for the judge to: | ||
| (1) discharge the defendant; or | ||
| (2) discharge the defendant, set aside the verdict or | ||
| permit the defendant to withdraw the defendant's plea, and dismiss | ||
| the accusation, complaint, information, or indictment against the | ||
| defendant. | ||
| (f-2) The form adopted under Subsection (f-1) must state | ||
| that a defendant who receives a discharge described by Subsection | ||
| (f-1)(2) is released from the penalties and disabilities resulting | ||
| from the offense as provided by Subsection (f). | ||
| SECTION 4. (a) Not later than December 1, 2017, the Office | ||
| of Court Administration of the Texas Judicial System shall adopt | ||
| the forms required by Articles 42A.058 and 42A.701(f-1), Code of | ||
| Criminal Procedure, as added by this Act. | ||
| (b) Article 26.13(a), Code of Criminal Procedure, as | ||
| amended by this Act, applies only to a plea of guilty or a plea of | ||
| nolo contendere accepted by a court on or after January 1, 2018, | ||
| regardless of whether the offense for which the plea was submitted | ||
| was committed before, on, or after that date. | ||
| (c) Article 42A.058, Code of Criminal Procedure, as added by | ||
| this Act, applies only to a defendant placed on community | ||
| supervision on or after January 1, 2018, regardless of whether the | ||
| offense for which the defendant was placed on community supervision | ||
| was committed before, on, or after that date. | ||
| (d) Articles 42A.701(f-1) and (f-2), Code of Criminal | ||
| Procedure, as added by this Act, apply only to a discharge from | ||
| community supervision that occurs on or after January 1, 2018. A | ||
| discharge from community supervision that occurs before January 1, | ||
| 2018, is governed by the law in effect on the date the discharge | ||
| occurs, and the former law is continued in effect for that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1507 was passed by the House on May 6, | ||
| 2017, by the following vote: Yeas 130, Nays 14, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1507 on May 25, 2017, by the following vote: Yeas 113, Nays 28, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1507 was passed by the Senate, with | ||
| amendments, on May 23, 2017, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
