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A BILL TO BE ENTITLED
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AN ACT
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relating to automatic orders of nondisclosure of criminal history |
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record information for certain misdemeanor defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Section 411.0719 to read as follows: |
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Sec. 411.0719. AUTOMATIC ORDER OF NONDISCLOSURE FOR CERTAIN |
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MISDEMEANORS. (a) This section applies only to a person who: |
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(1) was convicted of or placed on deferred |
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adjudication community supervision under Subchapter C, Chapter |
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42A, Code of Criminal Procedure, for a misdemeanor other than: |
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(A) a traffic offense that is punishable by fine |
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only; or |
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(B) a misdemeanor under Section 106.041, |
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Alcoholic Beverage Code, or Section 49.04, 49.05, 49.06, or 49.065, |
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Penal Code; |
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(2) completed the person's sentence, including any |
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term of confinement or period of community supervision imposed and |
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payment of all fines, costs, and restitution imposed, for the |
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offense described by Subdivision (1) or who has received a |
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discharge and dismissal under Article 42A.111, Code of Criminal |
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Procedure, for the offense described by Subdivision (1), as |
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applicable; and |
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(3) has not previously received an order of |
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nondisclosure of criminal history record information under this |
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subchapter or other law for the offense described by Subdivision |
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(1). |
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(b) Notwithstanding any other provision of this subchapter |
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or Subchapter F, if a person described by Subsection (a) satisfies |
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the requirements of Section 411.074, the court that convicted the |
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person or placed the person on deferred adjudication community |
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supervision shall issue an order of nondisclosure of criminal |
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history record information under this subchapter prohibiting |
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criminal justice agencies from disclosing to the public criminal |
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history record information related to the offense for which the |
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person was convicted or placed on deferred adjudication community |
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supervision. The court shall determine whether the person |
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satisfies the requirements of Section 411.074, and if the court |
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makes a finding that the requirements of that section are |
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satisfied, the court shall issue the order of nondisclosure of |
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criminal history record information as soon as practicable after |
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the seventh anniversary of either of the following, as applicable: |
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(1) the date of completion of the person's sentence; or |
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(2) the date of the discharge and dismissal under |
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Article 42A.111, Code of Criminal Procedure. |
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SECTION 2. If a person described by Section 411.0719(a), |
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Government Code, as added by this Act, completed the person's |
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sentence or received a discharge and dismissal before September 1, |
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2014, and if the person otherwise satisfies the requirements of |
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Section 411.0719, Government Code, as added by this Act, the court |
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that convicted the person or placed the person on deferred |
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adjudication community supervision shall issue an order of |
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nondisclosure of criminal history record information under that |
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section as soon as practicable after the effective date of this Act |
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but not later than August 31, 2023. |
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SECTION 3. This Act takes effect September 1, 2021. |