| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the eligibility of criminal defendants for an order of |
|
|
nondisclosure of criminal history record information for certain |
|
|
offenses committed when younger than 25 years of age. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter E-1, Chapter 411, Government Code, is |
|
|
amended by adding Section 411.0739 to read as follows: |
|
|
Sec. 411.0739. PROCEDURE FOR CONVICTION FOLLOWING |
|
|
SUCCESSFUL COMPLETION OF SENTENCE; CERTAIN MISDEMEANORS AND |
|
|
FELONIES COMMITTED WHEN YOUNGER THAN 25 YEARS OF AGE. (a) This |
|
|
section applies only to a person who: |
|
|
(1) is convicted of an offense other than an offense: |
|
|
(A) listed in Article 42A.054(a), Code of |
|
|
Criminal Procedure; or |
|
|
(B) for which the judgment contains an |
|
|
affirmative finding under Article 42A.054(c) or (d), Code of |
|
|
Criminal Procedure; |
|
|
(2) was younger than 25 years of age at the time the |
|
|
offense described by Subdivision (1) was committed; and |
|
|
(3) has not previously received an order of |
|
|
nondisclosure of criminal history record information under this |
|
|
subchapter or other law for the offense described by Subdivision |
|
|
(1). |
|
|
(b) Notwithstanding any other provision of this subchapter |
|
|
or Subchapter F, a person described by Subsection (a) who completes |
|
|
the person's sentence, including any term of confinement or period |
|
|
of community supervision imposed and payment of all fines, costs, |
|
|
and restitution imposed, may petition the court that imposed the |
|
|
sentence for an order of nondisclosure of criminal history record |
|
|
information under this section if the person satisfies the |
|
|
requirements of this section and Section 411.074. |
|
|
(c) Except as provided by Section 411.074, a person may |
|
|
petition the court for an order of nondisclosure of criminal |
|
|
history record information under this section regardless of whether |
|
|
the person has been previously convicted of or placed on deferred |
|
|
adjudication community supervision for another offense. |
|
|
(d) 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 was convicted. |
|
|
(e) A person may petition the court that imposed the |
|
|
sentence for an order of nondisclosure of criminal history record |
|
|
information under this section only on or after: |
|
|
(1) the second anniversary of the date of completion |
|
|
of the person's sentence, if the offense of which the person was |
|
|
convicted was a misdemeanor; or |
|
|
(2) the fifth anniversary of the date of completion of |
|
|
the person's sentence, if the offense of which the person was |
|
|
convicted was a felony. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |