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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 following |
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successful completion of a period of deferred adjudication |
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community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.0716, Government Code, is amended to |
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read as follows: |
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Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. [(a)] Except |
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as provided by Section 411.072 [Subsection (b)], this subchapter |
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applies to the issuance of an order of nondisclosure of criminal |
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history record information for an offense committed before, on, or |
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after September 1, 2017. |
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[(b) Section 411.072 applies only to a person described by |
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Subsection (a) of that section who receives a discharge and |
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dismissal under Article 42A.111, Code of Criminal Procedure, on or |
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after September 1, 2017.] |
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SECTION 2. Section 411.072, Government Code, is amended to |
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read as follows: |
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Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING |
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COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY |
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SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) A person is |
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entitled to an order of nondisclosure of criminal history record |
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information under this [This] section if [applies only to a person |
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who]: |
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(1) the person was placed on deferred adjudication |
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community supervision under Subchapter C, Chapter 42A, Code of |
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Criminal Procedure, for a misdemeanor other than a misdemeanor: |
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(A) under: |
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(i) Section 49.04 or 49.06, Penal Code; or |
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(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or |
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71, Penal Code; or |
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(B) with respect to which an affirmative finding |
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under Article 42A.105(f), Code of Criminal Procedure, or former |
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Section 5(k), Article 42.12, Code of Criminal Procedure, was filed |
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in the papers of the case; [and] |
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(2) the person received a discharge and dismissal |
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under Article 42A.111, Code of Criminal Procedure, on or after |
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September 1, 2017, for the offense described by Subdivision (1); |
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(3) at least 180 days have elapsed from the date the |
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person was placed on deferred adjudication community supervision |
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for the offense described by Subdivision (1); |
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(4) the person satisfies the requirements of Section |
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411.074; and |
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(5) the person has never been previously convicted of |
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or placed on deferred adjudication community supervision for |
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another offense other than a traffic offense that is punishable by |
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fine only. |
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(b) Not later than the 15th day of each month, the |
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department shall: |
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(1) review the records in the department's |
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computerized criminal history system and, based on the relevant |
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information present in the system, identify and compile a list of |
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each person who: |
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(A) meets the criteria provided by Subsection |
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(a); and |
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(B) has not received an order of nondisclosure of |
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criminal history information under this section; and |
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(2) for each person identified on the list described |
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by Subdivision (1), provide to the applicable court that placed the |
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person on deferred adjudication community supervision: |
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(A) notice of the person's entitlement to an |
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order of nondisclosure of criminal history record information under |
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this section; and |
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(B) a copy of the list described by Subdivision |
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(1). |
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(c) Notwithstanding any other provision of this subchapter |
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or Subchapter F, if a [person described by Subsection (a) receives a |
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discharge and dismissal under Article 42A.111, Code of Criminal |
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Procedure, and satisfies the requirements of Section 411.074, the] |
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court that placed a [the] person on deferred adjudication community |
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supervision receives notice from the department under Subsection |
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(b) that the person is entitled to an order of nondisclosure of |
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criminal history record information under this section, the court |
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shall, as soon as practicable after the receipt of the notice, issue |
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an order of nondisclosure of criminal history record information |
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under this subchapter prohibiting criminal justice agencies from |
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disclosing to the public criminal history record information |
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related to the offense giving rise to the deferred adjudication |
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community supervision. [The court shall determine whether the |
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person satisfies the requirements of Section 411.074, and if the |
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court 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: |
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[(1) at the time the court discharges and dismisses |
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the proceedings against the person, if the discharge and dismissal |
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occurs on or after the 180th day after the date the court placed the |
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person on deferred adjudication community supervision; or |
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[(2) as soon as practicable on or after the 180th day |
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after the date the court placed the person on deferred adjudication |
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community supervision, if the discharge and dismissal occurred |
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before that date.] |
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(d) A [(c) The] person who is entitled to an order of |
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nondisclosure of criminal history record information under this |
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section but who is not identified by the department under |
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Subsection (b) as being entitled to the order may [shall] present to |
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the court that placed the person on deferred adjudication community |
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supervision any evidence necessary to establish that the person is |
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entitled [eligible] to receive an order of nondisclosure of |
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criminal history record information under this section. The court |
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shall prescribe the manner in which the person may present the |
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evidence to the court under this subsection. The court shall |
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determine whether the person satisfies the requirements of this |
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section, and if the court makes a finding that the requirements of |
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this section are satisfied, the court shall issue an order of |
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nondisclosure of criminal history record information under |
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Subsection (c) as soon as practicable after making the finding. |
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(e) Notwithstanding any other law, a [The] person who is |
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entitled to an order of nondisclosure of criminal history record |
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information under this section may not be required to [must] pay any |
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[a $28] fee relating to the issuance of [to the clerk of the court |
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before the court issues] the order. |
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(f) [(d)] A person who is not entitled [eligible] to receive |
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an order of nondisclosure of criminal history record information |
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under this section solely because an affirmative finding under |
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Article 42A.105(f), Code of Criminal Procedure, or former Section |
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5(k), Article 42.12, Code of Criminal Procedure, was filed in the |
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papers of the case may file a petition for an order of nondisclosure |
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of criminal history record information under Section 411.0725 if |
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the person otherwise satisfies the requirements of that section. |
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SECTION 3. Section 411.0725(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to a person placed on deferred |
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adjudication community supervision under Subchapter C, Chapter |
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42A, Code of Criminal Procedure, who: |
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(1) is not entitled [eligible] to receive an order of |
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nondisclosure of criminal history record information under Section |
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411.072; and |
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(2) was placed on deferred adjudication community |
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supervision for an offense other than an offense under Section |
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49.04 or 49.06, Penal Code. |
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SECTION 4. This Act takes effect January 1, 2022. |