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.
Sponsorship: Partisan Bill (Democrat 1)
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 | |
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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 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. | ||
