Bill Text: TX HB748 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the restoration of civil rights to a criminal defendant.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-01 - Referred to Corrections [HB748 Detail]

Download: Texas-2021-HB748-Introduced.html

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87R5051 JSC-D
By: Dutton H.B. No. 748

A BILL TO BE ENTITLED
AN ACT
relating to the restoration of civil rights to a criminal
defendant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 48.05(a)(2), Code of Criminal Procedure,
is amended to read as follows:
(2) This article applies to:
(A) a federal offense, other than an offense
involving:
(i) violence or the threat of violence;
(ii) drugs; or
(iii) firearms; [and]
(B) an offense under the laws of another country,
other than an offense involving:
(i) violence or the threat of violence;
(ii) drugs; or
(iii) firearms, if the elements of the
offense are substantially similar to elements of an offense under
the laws of this state punishable as a felony; and
(C) an offense under the laws of this state,
other than an offense involving:
(i) violence or the threat of violence;
(ii) drugs; or
(iii) firearms, if the offense is
punishable as a felony.
SECTION 2. Article 48.05(b), Code of Criminal Procedure, is
amended to read as follows:
(b) An individual may not apply for restoration of civil
rights under this article unless:
(1) the individual has completed the sentence for the
offense; and
(2) the conviction occurred[:
[(A)] three or more years before the date of
application[, if the offense is a federal offense; or
[(B) two or more years before the date of
application, if the offense is an offense under the laws of another
country; and
[(3) the individual has not been convicted at any
other time of an offense under the laws of this state, another
state, or the United States].
SECTION 3. This Act applies to a defendant who is convicted
of an offense before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.