85R4158 JRR-D     By: Longoria H.B. No. 722       A BILL TO BE ENTITLED   AN ACT   relating to certain procedures for defendants who successfully   complete a period of state jail felony community supervision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter L, Chapter 42A, Code of Criminal   Procedure, is amended by adding Article 42A.562 to read as follows:          Art. 42A.562. AMENDMENT OF RECORD OF CONVICTION.  (a)  On   written motion of a defendant after completion of two-thirds of the   original community supervision period for a state jail felony with   respect to which written consent was obtained under Section   12.44(c), Penal Code, the judge may review the defendant's record   and consider whether to amend the record of conviction to reflect a   conviction for a Class A misdemeanor in lieu of a state jail felony.          (b)  On disposition of the community supervision in a manner   provided by Article 42A.701, the judge, on discharge of the   defendant, may amend the record of conviction to reflect a   conviction for a Class A misdemeanor in lieu of a state jail felony,   subject to Subsection (c), if:                (1)  the offense for which the defendant was placed on   community supervision was not an offense:                      (A)  under Section 30.02, Section 30.04, Section   39.04(a)(2), Section 49.045, or Title 5, Penal Code;                      (B)  under Article 62.102; or                      (C)  involving family violence, as defined by   Section 71.004, Family Code;                (2)  the defendant has fulfilled to the judge's   satisfaction all the conditions of community supervision,   including the payment of all required restitution, and is not   delinquent on the payment of any fines, costs, and fees that the   defendant has the ability to pay;                (3)  the defendant files with the written motion a   statement that:                      (A)  contains a summary of the defendant's   performance during community supervision, including compliance   with the conditions of community supervision; and                      (B)  asserts that the defendant meets the   conditions for an amendment of the record of conviction under this   article;                (4)  the defendant provides a copy of the motion and   statement to the attorney representing the state; and                (5)  at the hearing held on the motion, the judge finds   that an amendment of the record of conviction is in the best   interest of justice.          (c)  A judge who amends a record of conviction under   Subsection (b) may not modify the name of the state jail felony   offense for which the judge placed the defendant on community   supervision. A defendant whose record of conviction is amended   under Subsection (b) is not considered to have been convicted of a   felony with respect to the modified offense.          (d)  A record of conviction that is amended under Subsection   (b) supersedes and takes the place of the record of conviction as it   existed on the original date of conviction.          (e)  A judge retains jurisdiction for the purposes of this   article only until the expiration of the term of community   supervision.          SECTION 2.  Section 12.44, Penal Code, is amended by adding   Subsection (c) to read as follows:          (c)  With the written consent of the prosecuting attorney   prior to sentencing, the court may amend the record of conviction to   reflect a conviction for a Class A misdemeanor in lieu of a state   jail felony as provided by Article 42A.562, Code of Criminal   Procedure.          SECTION 3.  The change in law made by this Act applies only   to a defendant who is placed on community supervision for an offense   committed on or after the effective date of this Act. A defendant   who is placed on community supervision for an offense committed   before the effective date of this Act is governed by the law in   effect on the date the offense was committed, and the former law is   continued in effect for that purpose. For purposes of this section,   an offense was committed before the effective date of this Act if   any element of the offense occurred before that date.          SECTION 4.  This Act takes effect September 1, 2017.