85R13582 MAW-F     By: Cook H.B. No. 3790       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a judge regarding a defendant who has   been discharged from 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:                (1)  except as provided by Subdivision (2), shall set   aside the verdict or permit the defendant to withdraw the   defendant's plea; and                (2)  may set aside the verdict or permit the defendant   to withdraw the defendant's plea if the discharge occurs with   respect to an offense under Title 5, Penal Code.            (f-1)  A judge acting under Subsection (f) [this subsection]   shall dismiss the accusation, complaint, information, or   indictment against the defendant.  A defendant who receives a   discharge and dismissal under Subsection (f) and 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.          SECTION 2.  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.          SECTION 3.  This Act takes effect September 1, 2017.