89R547 JRR-D

By: West S.B. No. 219

A BILL TO BE ENTITLED

AN ACT

relating to orders of nondisclosure of criminal history record information for certain criminal defendants.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 42A.105(f), Code of Criminal Procedure, is amended to read as follows:

(f) If a judge places on deferred adjudication community supervision a defendant charged with a misdemeanor under Section 49.04 or 49.06 [other than a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71], Penal Code, the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that it is not in the best interest of justice that the defendant receive an automatic order of nondisclosure under Section 411.0726 [411.072], Government Code.

SECTION 2. Section 411.0716, Government Code, is amended to read as follows:

Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. This [(a) Except as provided by Subsection (b), this] subchapter applies to the issuance of an order of nondisclosure of criminal history record information for an offense committed before, on, or after January [September] 1, 2026 [2017].

[(b) Section 411.072 applies only to a person described by Subsection (a) of that section who receives a discharge and dismissal under Article 42A.111, Code of Criminal Procedure, on or after September 1, 2017.]

SECTION 3. Subchapter E-1, Chapter 411, Government Code, is amended by adding Section 411.0718 to read as follows:

Sec. 411.0718. PROCEDURE FOR AUTOMATIC ORDER OF NONDISCLOSURE. (a) This section applies only to a person entitled under Section 411.0719, 411.0721, or 411.0723 to receive an automatic order of nondisclosure of criminal history record information under this section.

(b) Not later than the 15th day of each month, the department shall:

(1) review the records in the department's computerized criminal history system and, based on the relevant information present in the system, identify and compile a list of each person described by Subsection (a); and

(2) for each person identified on the list described by Subdivision (1), provide to the applicable court that convicted the person or placed the person on deferred adjudication community supervision:

(A) notice of the person's entitlement to an order of nondisclosure of criminal history record information under this section; and

(B) a copy of the list described by Subdivision (1).

(c) In identifying persons under Subsection (b)(1), the department shall conduct a national criminal history background check, which must include a search of criminal history record information maintained or indexed by the Federal Bureau of Investigation, for the purpose of identifying any criminal history record information not in the department's computerized criminal history system that would make a person ineligible to receive an automatic order of nondisclosure of criminal history record information under this section.

(d) Notwithstanding any other provision of this subchapter or Subchapter F and except as provided by Subsection (e), if a court that convicted a person or placed a person on deferred adjudication community supervision receives notice from the department under Subsection (b) that the person is entitled to an order of nondisclosure of criminal history record information under this section, the court shall, as soon as practicable after the receipt of the notice, issue an order of nondisclosure of criminal history record information under this subchapter prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the person was convicted or giving rise to the deferred adjudication community supervision.

(e) A court may not issue an order of nondisclosure of criminal history record information under this section for a person who would otherwise be entitled to the order under Section 411.0723 if the court determines that the offense for which the order is sought, other than an offense under Section 22.01, Penal Code, was violent or sexual in nature.

(f) A person who is entitled to an order of nondisclosure of criminal history record information under this section but who is not identified by the department under Subsection (b) may present to the court that convicted the person or placed the person on deferred adjudication community supervision, as applicable, any evidence necessary to establish that the person is entitled to receive an order of nondisclosure of criminal history record information under this section. The court shall prescribe the manner in which the person may present the evidence to the court under this subsection. The court shall determine whether the person satisfies the requirements of this section, and if the court makes a finding that the requirements of this section are satisfied, the court shall issue an order of nondisclosure of criminal history record information under Subsection (d) as soon as practicable after making the finding.

(g) Notwithstanding any other law, a person who is entitled to an order of nondisclosure of criminal history record information under this section may not be required to pay any fee relating to the issuance of the order.

SECTION 4. Sections 411.0725, 411.073, and 411.0735, Government Code, are redesignated as Sections 411.0719, 411.0721, and 411.0723, Government Code, and amended to read as follows:

Sec. 411.0719 [411.0725]. [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY SUPERVISION; FELONIES AND CERTAIN MISDEMEANORS ENTITLED TO AUTOMATIC ORDER OF NONDISCLOSURE. (a) Subject to Subsection (b), a person is entitled to an automatic order of nondisclosure of criminal history record information under Section 411.0718 if the person:

(1) was [This section applies only to a person] placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, Code of Criminal Procedure, [who:

[(1) is not eligible to receive an order of nondisclosure of criminal history record information under Section 411.072; and

[(2) was placed on deferred adjudication community supervision] for an offense other than an offense under Section 49.04 or 49.06, Penal Code;

(2) received [.

[(b) Notwithstanding any other provision of this subchapter or Subchapter F, if a person described by Subsection (a) receives] a dismissal and discharge [and dismissal] under Article 42A.111, Code of Criminal Procedure, for the offense described by Subdivision (1);

(3) [and] satisfies the requirements of Section 411.074; and

(4) 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)[, the person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information under this section.

[(c) Except as provided by Section 411.074, a person may petition the court for an order of nondisclosure 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 giving rise to the deferred adjudication community supervision.

[(e)] A person described by Subsection (a) becomes entitled to an automatic [may petition the court that placed the person on deferred adjudication community supervision for an] order of nondisclosure of criminal history record information under Section 411.0718 [this section only] on [or after]:

(1) the later of the following [discharge and dismissal], if the offense for which the person was placed on deferred adjudication was a misdemeanor other than a misdemeanor described by Subdivision (2):

(A) the date of the dismissal and discharge; or

(B) the 180th day after the date the person was placed on deferred adjudication community supervision;

(2) the second anniversary of the dismissal and discharge [and dismissal], if the offense for which the person was placed on deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code; or

(3) the fifth anniversary of the dismissal and discharge [and dismissal], if the offense for which the person was placed on deferred adjudication was a felony.

(c) A person described by Subsection (a), following the period described by Subsection (b), is entitled under this section to receive an order of nondisclosure of criminal history record information regardless of whether the person has been previously convicted of or placed on deferred adjudication community supervision for another offense.

Sec. 411.0721 [411.073]. [PROCEDURE FOR] COMMUNITY SUPERVISION FOLLOWING CONVICTION; CERTAIN NONVIOLENT MISDEMEANORS AND FELONIES ENTITLED TO AUTOMATIC ORDER OF NONDISCLOSURE. (a) Subject to Subsection (b), a person is entitled to an automatic order of nondisclosure of criminal history record information under Section 411.0718 if:

(1) the [This section applies only to a] person is placed on community supervision under Chapter 42A, Code of Criminal Procedure:

(A) [(1)] following a conviction of an offense [a misdemeanor] other than:

(i) an offense [a misdemeanor] under:

(a) Section 106.041, Alcoholic Beverage Code;

(b) [,] Section 28.02, 33.021, 33.05, 37.03, 42.072, 49.04, 49.045, 49.05, 49.06, [or] 49.065, 49.07, or 49.08, Penal Code;

(c) [, or] Chapter 29, 71, or 76, Penal Code; or

(d) Section 30.02, Penal Code, that is punishable under Subsection (d) of that section;

(ii) a felony under:

(a) Title 5, Penal Code;

(b) Chapter 25, 36, or 39, Penal Code;

(c) Section 42.08, 42.09, 42.091, 42.092, 42.10, or 42.105, Penal Code; or

(d) Subchapter B, Chapter 43, Penal Code; or

(iii) a traffic offense that is punishable by fine only; and

(B) [(2)] under a provision of Chapter 42A, Code of Criminal Procedure, other than Subchapter C, including:

(i) [(A)] a provision that requires the person to serve a term of confinement as a condition of community supervision; or

(ii) [(B)] another provision that authorizes placing a person on community supervision after the person has served part of a term of confinement imposed for the offense;

(2) the person's [.

[(b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) whose] community supervision was [is] not revoked and the person completed [who completes] the period of community supervision, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, for the offense described by Subdivision (1)(A); [may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section if the person:]

(3) the person [(1)] satisfies the requirements of [this section and] Section 411.074; [and]

(4) the person [(2)] has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only; and

(5) the person 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)(A).

(b) [(c) 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 giving rise to the community supervision.

[(d)] A person described by Subsection (a) becomes entitled to an automatic [may petition the court that placed the person on community supervision for an] order of nondisclosure of criminal history record information under Section 411.0718 [this section only] on [or after]:

(1) the date of completion of the community supervision, if the offense for which the person was placed on community supervision was a misdemeanor other than a misdemeanor described by Subdivision (2); [or]

(2) the second anniversary of the date of completion of the community supervision, if the offense for which the person was placed on community supervision was a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code; or

(3) the fifth anniversary of the date of completion of the community supervision, if the offense for which the person was placed on community supervision was a felony.

Sec. 411.0723 [411.0735]. [PROCEDURE FOR CONVICTION;] CERTAIN NONVIOLENT MISDEMEANOR AND FELONY CONVICTIONS ENTITLED TO AUTOMATIC ORDER OF NONDISCLOSURE [MISDEMEANORS]. (a) Subject to Subsection (b), [This section applies only to] a person is entitled to an automatic order of nondisclosure of criminal history record information under Section 411.0718 if the person [who]:

(1) is convicted of an offense [a misdemeanor] other than:

(A) an offense [a misdemeanor] under:

(i) Section 106.041, Alcoholic Beverage Code;

(ii) [,] Section 28.02, 33.021, 33.05, 37.03, 42.072, 49.04, 49.045, 49.05, 49.06, [or] 49.065, 49.07, or 49.08, Penal Code;

(iii) [, or] Chapter 29, 71, or 76, Penal Code; or

(iv) Section 30.02, Penal Code, that is punishable under Subsection (d) of that section;

(B) a felony under:

(i) Title 5, Penal Code;

(ii) Chapter 25, 36, or 39, Penal Code;

(iii) Section 42.08, 42.09, 42.091, 42.092, 42.10, or 42.105, Penal Code; or

(iv) Subchapter B, Chapter 43, Penal Code; or

(C) a traffic offense that is punishable by fine only; [and]

(2) is not entitled under Section 411.0721 to receive [eligible for] an order of nondisclosure of criminal history record information;

(3) completed [under Section 411.073.

[(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 imposed and payment of all fines, costs, and restitution imposed, for the offense described by Subdivision (1);

(4) [may petition the court that imposed the sentence 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; [and]

(5) [(2)] has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only; and

(6) 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) [(c) Except as provided by Subsection (c-1), 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.

[(c-1) A court may not issue an order of nondisclosure of criminal history record information under this section if the court determines that the offense for which the order is sought, other than an offense under Section 22.01, Penal Code, was violent or sexual in nature.

[(d)] A person described by Subsection (a) becomes entitled to an automatic [may petition the court that imposed the sentence for an] order of nondisclosure of criminal history record information under Section 411.0718 [this section only] on [or after]:

(1) the date of completion of the person's sentence, if the offense of which the person was convicted was a misdemeanor punishable by fine only; [or]

(2) 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 other than a misdemeanor described by Subdivision (1); or

(3) the seventh anniversary of the date of completion of the person's sentence, if the offense of which the person was convicted was a felony.

SECTION 5. Section 411.0745(b), Government Code, is amended to read as follows:

(b) Notwithstanding any other law, a person who petitions the court for an order of nondisclosure of criminal history record information under this subchapter may not be required to pay any [The petition must be accompanied by payment of a] fee relating to:

(1) [that generally applies to] the filing of the petition; or

(2) the issuance of the order of nondisclosure [a civil case].

SECTION 6. Section 411.072, Government Code, is repealed.

SECTION 7. This Act takes effect January 1, 2026.