85R19607 MAW-D     By: Giddings, Hernandez H.B. No. 1507     Substitute the following for H.B. No. 1507:     By:  Moody C.S.H.B. No. 1507       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 26.13(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  Prior to accepting a plea of guilty or a plea of nolo   contendere, the court shall admonish the defendant of:                (1)  the range of the punishment attached to the   offense;                (2)  the fact that the recommendation of the   prosecuting attorney as to punishment is not binding on the court.   Provided that the court shall inquire as to the existence of a plea   bargain agreement between the state and the defendant and, if an   agreement exists, the court shall inform the defendant whether it   will follow or reject the agreement in open court and before any   finding on the plea. Should the court reject the agreement, the   defendant shall be permitted to withdraw the defendant's plea of   guilty or nolo contendere;                (3)  the fact that if the punishment assessed does not   exceed the punishment recommended by the prosecutor and agreed to   by the defendant and the defendant's attorney, the trial court must   give its permission to the defendant before the defendant may   prosecute an appeal on any matter in the case except for those   matters raised by written motions filed prior to trial;                (4)  the fact that if the defendant is not a citizen of   the United States of America, a plea of guilty or nolo contendere   for the offense charged may result in deportation, the exclusion   from admission to this country, or the denial of naturalization   under federal law; [and]                (5)  the fact that the defendant will be required to   meet the registration requirements of Chapter 62, if the defendant   is convicted of or placed on deferred adjudication for an offense   for which a person is subject to registration under that chapter;   and                (6)  the fact that if the defendant is placed on   community supervision, after satisfactorily fulfilling the   conditions of community supervision and on expiration of the period   of community supervision, the court is authorized to release the   defendant from the penalties and disabilities resulting from the   offense as provided by Article 42A.701(f).          SECTION 2.  Subchapter B, Chapter 42A, Code of Criminal   Procedure, is amended by adding Article 42A.058 to read as follows:          Art. 42A.058.  INFORMATION PROVIDED TO DEFENDANT PLACED ON   COMMUNITY SUPERVISION. A judge placing a defendant on community   supervision shall inform the defendant in writing and on a form   prescribed by the Office of Court Administration of the Texas   Judicial System that, after satisfactorily fulfilling the   conditions of community supervision and on expiration of the period   of community supervision, the judge is authorized to release the   defendant from the penalties and disabilities resulting from the   offense as provided by Article 42A.701(f).          SECTION 3.  Article 42A.701, Code of Criminal Procedure, is   amended by adding Subsections (f-1) and (f-2) to read as follows:          (f-1)  The Office of Court Administration of the Texas   Judicial System shall adopt a standardized form for use in   discharging a defendant under this article. A judge discharging a   defendant under this article must use the form adopted under this   subsection. The form must provide for the judge to:                (1)  discharge the defendant; or                (2)  discharge the defendant, set aside the verdict or   permit the defendant to withdraw the defendant's plea, and dismiss   the accusation, complaint, information, or indictment against the   defendant.          (f-2)  The form adopted under Subsection (f-1) must state   that a defendant who receives a discharge described by Subsection   (f-1)(2) is released from the penalties and disabilities resulting   from the offense as provided by Subsection (f).          SECTION 4.  (a)  Not later than December 1, 2017, the Office   of Court Administration of the Texas Judicial System shall adopt   the forms required by Articles 42A.058 and 42A.701(f-1), Code of   Criminal Procedure, as added by this Act.          (b)  Article 26.13(a), Code of Criminal Procedure, as   amended by this Act, applies only to a plea of guilty or a plea of   nolo contendere accepted by a court on or after January 1, 2018,   regardless of whether the offense for which the plea was submitted   was committed before, on, or after that date.          (c)  Article 42A.058, Code of Criminal Procedure, as added by   this Act, applies only to a defendant placed on community   supervision on or after January 1, 2018, regardless of whether the   offense for which the defendant was placed on community supervision   was committed before, on, or after that date.          (d)  Articles 42A.701(f-1) and (f-2), Code of Criminal   Procedure, as added by this Act, apply only to a discharge from   community supervision that occurs on or after January 1, 2018. A   discharge from community supervision that occurs before January 1,   2018, is governed by the law in effect on the date the discharge   occurs, and the former law is continued in effect for that purpose.          SECTION 5.  This Act takes effect September 1, 2017.