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A BILL TO BE ENTITLED
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AN ACT
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relating to the restoration of civil rights to a criminal |
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defendant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 48.05(a)(2), Code of Criminal Procedure, |
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is amended to read as follows: |
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(2) This article applies to: |
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(A) a federal offense, other than an offense |
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involving: |
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(i) violence or the threat of violence; |
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(ii) drugs; or |
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(iii) firearms; [and] |
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(B) an offense under the laws of another country, |
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other than an offense involving: |
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(i) violence or the threat of violence; |
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(ii) drugs; or |
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(iii) firearms, if the elements of the |
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offense are substantially similar to elements of an offense under |
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the laws of this state punishable as a felony; and |
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(C) an offense under the laws of this state, |
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other than an offense involving: |
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(i) violence or the threat of violence; |
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(ii) drugs; or |
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(iii) firearms, if the offense is |
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punishable as a felony. |
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SECTION 2. Article 48.05(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) An individual may not apply for restoration of civil |
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rights under this article unless: |
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(1) the individual has completed the sentence for the |
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offense; and |
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(2) the conviction occurred[: |
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[(A)] three or more years before the date of |
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application[, if the offense is a federal offense; or |
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[(B) two or more years before the date of |
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application, if the offense is an offense under the laws of another |
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country; and |
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[(3) the individual has not been convicted at any |
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other time of an offense under the laws of this state, another |
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state, or the United States]. |
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SECTION 3. This Act applies to a defendant who is convicted |
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of an offense before, on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |