85R6622 MAW-F     By: Canales H.B. No. 1742       A BILL TO BE ENTITLED   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 Subsection (f-1) 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. 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; and                (3)  if the defendant receives the discharge and   dismissal with respect to an offense under Title 5, Penal Code, the   defendant is released from a penalty or disability resulting from   the offense and relating to the possession or ownership of a firearm   only if the judge specifically provides for that release in the   order discharging the defendant.          (f-1)  The jurisdiction of the judge to take action under   Subsection (f) continues until the defendant is pardoned.          SECTION 2.  (a) Except as provided by Subsection (b) of this   section, the change in law made by this Act applies only to a   defendant placed on community supervision on or after the effective   date of this Act, regardless of whether the offense for which the   defendant was placed on community supervision was committed before,   on, or after the effective date of this Act.          (b)  Article 42A.701(f-1), Code of Criminal Procedure, as   added by this Act, applies to any defendant placed on community   supervision, regardless of whether the defendant was placed on   community supervision before, on, or after the effective date of   this Act.          SECTION 3.  This Act takes effect September 1, 2017.