| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the eligibility for an order of nondisclosure of |
|
|
criminal history record information of a criminal defendant who has |
|
|
successfully completed a specialty court program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 411.0727, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 411.0727. PROCEDURE FOLLOWING SUCCESSFUL COMPLETION |
|
|
OF SPECIALTY [VETERANS TREATMENT] COURT PROGRAM. (a) This section |
|
|
applies only to a person who successfully completes a specialty |
|
|
[veterans treatment] court program under Subtitle K, Title 2, |
|
|
[Chapter 124] or former law. |
|
|
(b) Notwithstanding any other provision of this subchapter |
|
|
or Subchapter F, a person described by Subsection (a) is entitled to |
|
|
file with the court that placed the person in the specialty |
|
|
[veterans treatment] court program a petition for an order of |
|
|
nondisclosure of criminal history record information under this |
|
|
section if the person: |
|
|
(1) satisfies the requirements of this section and |
|
|
Section 411.074; |
|
|
(2) has never been previously convicted of an offense |
|
|
listed in Article 42A.054(a), Code of Criminal Procedure, or a |
|
|
sexually violent offense, as defined by Article 62.001, Code of |
|
|
Criminal Procedure; and |
|
|
(3) is not convicted of any felony offense between the |
|
|
date on which the person successfully completed the program and the |
|
|
second anniversary of that date. |
|
|
(c) Regardless of whether the person was convicted of or |
|
|
placed on deferred adjudication community supervision for the |
|
|
offense for which the person entered the specialty [veterans |
|
|
treatment] court program or whether the case against the person was |
|
|
dismissed following successful completion of the applicable |
|
|
specialty court program [under Section 124.001(b)], after notice to |
|
|
the state, an opportunity for a hearing, and a determination that |
|
|
the person is entitled to file the petition and issuance of the |
|
|
order is in the best interest of justice, the court shall issue an |
|
|
order prohibiting criminal justice agencies from disclosing to the |
|
|
public criminal history record information related to the offense |
|
|
for which the person entered the specialty [veterans treatment] |
|
|
court program. |
|
|
(d) A person may file with the court that placed the person |
|
|
in the specialty [veterans treatment] court program a petition for |
|
|
an order of nondisclosure of criminal history record information |
|
|
under this section only on or after the second anniversary of the |
|
|
date the person successfully completed the program. |
|
|
(e) A person is not entitled to petition the court for an |
|
|
order of nondisclosure of criminal history record information under |
|
|
this section if the person's entry into the specialty [veterans |
|
|
treatment] court program arose as the result of a conviction of an |
|
|
offense involving the operation of a motor vehicle while |
|
|
intoxicated. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |