Bill Text: TX HB5177 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to a defendant's eligibility for reduction or termination of community supervision.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB5177 Detail]

Download: Texas-2023-HB5177-Introduced.html

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By: Lopez of Bexar H.B. No. 5177

A BILL TO BE ENTITLED
AN ACT
relating to the condition of community supervision and procedures
applicable to the reduction or termination of a defendant's period
of community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.701(f), Code of Criminal Procedure,
is amended to read as follows:
(f) If the judge discharges the defendant under this
article, 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. Justice involved veterans who
successfully complete a Veterans Treatment Court Program, with the
concurrence of the District Attorney, irrespective of the justice
involved event, is eligible for discharge and dismissal and is
released from all penalties and disabilities resulting from the
justice involved event. 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.
SECTION 2. This Act takes effect September 1, 2023.