TITLE: Relating to the rights of certain defendants who successfully complete a term of community supervision.

SUMMARY: Relating to the rights of certain defendants who successfully complete a term of community supervision.

FULL TEXT:
AN ACT 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.