Bill Text: TX HB1507 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the rights of certain defendants who successfully complete a term of community supervision.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1507 Detail]
Download: Texas-2017-HB1507-Comm_Sub.html
Bill Title: Relating to the rights of certain defendants who successfully complete a term of community supervision.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1507 Detail]
Download: Texas-2017-HB1507-Comm_Sub.html
85R19607 MAW-D | |||
By: Giddings, Hernandez | H.B. No. 1507 | ||
Substitute the following for H.B. No. 1507: | |||
By: Moody | C.S.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(a), Code of Criminal Procedure, is | ||
amended 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). | ||
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. |