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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of a criminal defendant for an order of |
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nondisclosure of criminal history record information. |
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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 411.0716 to read as follows: |
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Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. (a) Except as |
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provided by Subsection (b), this subchapter applies to the issuance |
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of an order of nondisclosure of criminal history record information |
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for an offense committed before, on, or 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 411.0735, Government Code, is amended to |
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read as follows: |
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Sec. 411.0735. PROCEDURE FOR CONVICTION [AND CONFINEMENT]; |
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CERTAIN MISDEMEANORS. (a) This section applies only to a person |
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who: |
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(1) is convicted of a misdemeanor other than a |
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misdemeanor under Section 106.041, Alcoholic Beverage Code, |
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Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71, |
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Penal Code; and |
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(2) [is sentenced to and serves a period of
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confinement; and
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[(3)] is not eligible for an order of nondisclosure of |
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criminal history record information under Section 411.073. |
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(b) Notwithstanding any other provision of this subchapter |
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or Subchapter F, a person described by Subsection (a) who completes |
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the person's sentence [period of confinement and is released] may |
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petition the court that imposed the sentence for an order of |
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nondisclosure of criminal history record information under this |
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section if the person: |
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(1) satisfies the requirements of this section and |
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Section 411.074; and |
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(2) has never been previously convicted of or placed |
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on deferred adjudication community supervision for another offense |
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other than a traffic [an] offense that is [under the Transportation
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Code] punishable by fine only. |
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(c) After notice to the state, an opportunity for a hearing, |
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and a determination that the person is entitled to file the petition |
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and issuance of the order is in the best interest of justice, the |
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court shall issue an order prohibiting criminal justice agencies |
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from disclosing to the public criminal history record information |
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related to the offense for which the person was convicted [giving
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rise to the confinement]. |
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(d) A person may petition the court that imposed the |
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sentence for an order of nondisclosure of criminal history record |
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information under this section only on or after the second |
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anniversary of the date of completion of the person's sentence |
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[period of confinement]. |
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SECTION 3. Section 411.074, Government Code, is amended to |
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read as follows: |
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Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF |
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NONDISCLOSURE. (a) A person may be granted an order of |
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nondisclosure of criminal history record information under this |
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subchapter and, when applicable, is entitled to petition the court |
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to receive an order under this subchapter only if, during the period |
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after the court pronounced the sentence or placed the person on |
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community supervision, including deferred adjudication community |
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supervision, for the offense for which the order of nondisclosure |
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is requested, and during any applicable waiting period that this |
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subchapter requires for the person after completion of the person's |
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sentence or community supervision, including deferred adjudication |
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community supervision [required by this subchapter], the person is |
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not convicted of or placed on deferred adjudication community |
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supervision [under Subchapter C, Chapter 42A, Code of Criminal
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Procedure,] for any offense other than a traffic [an] offense that |
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is [under the Transportation Code] punishable by fine only. |
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(b) A person may not be granted an order of nondisclosure of |
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criminal history record information under this subchapter and is |
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not entitled to petition the court for an order under this |
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subchapter if: |
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(1) the person requests the order of nondisclosure |
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[was convicted or placed on deferred adjudication community
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supervision] for, or the person has been previously convicted of or |
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placed on [any other] deferred adjudication community supervision |
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for: |
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(A) an offense requiring registration as a sex |
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offender under Chapter 62, Code of Criminal Procedure; |
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(B) an offense under Section 20.04, Penal Code, |
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regardless of whether the offense is a reportable conviction or |
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adjudication for purposes of Chapter 62, Code of Criminal |
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Procedure; |
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(C) an offense under Section 19.02, 19.03, |
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20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal |
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Code; or |
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(D) any other offense involving family violence, |
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as defined by Section 71.004, Family Code; or |
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(2) the court makes an affirmative finding that the |
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offense for which the order of nondisclosure [of criminal history
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record information] is requested involved family violence, as |
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defined by Section 71.004, Family Code. |
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SECTION 4. Section 32, Chapter 1279 (S.B. 1902), Acts of the |
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84th Legislature, Regular Session, 2015, is repealed. |
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SECTION 5. This Act takes effect September 1, 2017. |