85R17807 JRR-D
 
  By: Thompson of Harris, Alonzo H.B. No. 3016
 
  Substitute the following for H.B. No. 3016:
 
  By:  Moody C.S.H.B. No. 3016
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of a criminal defendant for an order of
  nondisclosure of criminal history record information.
         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 411.0716 to read as follows:
         Sec. 411.0716.  APPLICABILITY OF SUBCHAPTER. (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 September 1, 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 2.  Section 411.072, Government Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (d) to read
  as follows:
         (a)  This section applies only to a person who:
               (1)  was placed on deferred adjudication community
  supervision under Subchapter C [Section 5], Chapter 42A [Article
  42.12], Code of Criminal Procedure, for a misdemeanor other than a
  misdemeanor:
                     (A)  under Chapter 20, 21, 22, 25, 42, 43, 46, or
  71, Penal Code; or
                     (B)  with respect to which an affirmative finding
  under [Section 5(k),] Article 42A.105(f) [42.12], Code of Criminal
  Procedure, was filed in the papers of the case; and
               (2)  has never been previously convicted of or placed
  on deferred adjudication community supervision for another offense
  other than a traffic [an] offense [under the Transportation Code]
  that is punishable by fine only.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, if a person described by Subsection (a) receives a
  discharge and dismissal under [Section 5(c),] Article 42A.111
  [42.12], Code of Criminal Procedure, and satisfies the requirements
  of Section 411.074, the court that placed the person on deferred
  adjudication community supervision shall 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 giving rise to the deferred adjudication community
  supervision.  The court shall determine whether the person
  satisfies the requirements of Section 411.074, and if the court
  makes a finding that the requirements of that section are
  satisfied, the court shall issue the order of nondisclosure of
  criminal history record information:
               (1)  at the time the court discharges and dismisses the
  proceedings against the person, if the discharge and dismissal
  occurs on or after the 180th day after the date the court placed the
  person on deferred adjudication community supervision; or
               (2)  as soon as practicable on or after the 180th day
  after the date the court placed the person on deferred adjudication
  community supervision, if the discharge and dismissal occurred
  before that date.
         (d)  A person who is not eligible to receive an order of
  nondisclosure of criminal history record information under this
  section solely because an affirmative finding under Article
  42A.105(f), Code of Criminal Procedure, was filed in the papers of
  the case may file a petition for an order of nondisclosure of
  criminal history record information under Section 411.0725 if the
  person otherwise satisfies the requirements of that section.
         SECTION 3.  The heading to Section 411.073, Government Code,
  is amended to read as follows:
         Sec. 411.073.  PROCEDURE FOR COMMUNITY SUPERVISION
  FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL
  FELONIES.
         SECTION 4.  Sections 411.073(a), (b), and (d), Government
  Code, are amended to read as follows:
         (a)  This section applies only to a person placed on
  community supervision under Chapter 42A [Article 42.12], Code of
  Criminal Procedure:
               (1)  following a conviction of:
                     (A)  a misdemeanor other than a misdemeanor under
  Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
  49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
                     (B)  a state jail felony under Section 481.115,
  481.1151, 481.116, 481.1161, or 481.121, Health and Safety Code; 
  and
               (2)  under a provision of Chapter 42A [Article 42.12],
  Code of Criminal Procedure, other than Subchapter C [Section 5],
  including:
                     (A)  a provision that requires the person to serve
  a term of confinement as a condition of community supervision; or
                     (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.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) whose
  community supervision is not revoked and who completes the period
  of community supervision, including any term of confinement imposed
  and payment of all fines, costs, and restitution imposed, 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:
               (1)  satisfies the requirements of this section and
  Section 411.074; and
               (2)  has never been previously convicted of or placed
  on deferred adjudication community supervision for another offense
  other than a traffic [an] offense [under the Transportation Code]
  that is punishable by fine only.
         (d)  A person may petition the court that placed the person
  on community supervision for an order of nondisclosure of criminal
  history record information under this section only on or after:
               (1)  the 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 state jail felony.
         SECTION 5.  Subchapter E-1, Chapter 411, Government Code, is
  amended by adding Section 411.0731 to read as follows:
         Sec. 411.0731.  PROCEDURE FOR COMMUNITY SUPERVISION
  FOLLOWING CONVICTION; CERTAIN DRIVING WHILE INTOXICATED
  CONVICTIONS. (a) This section applies only to a person placed on
  community supervision under Chapter 42A, Code of Criminal
  Procedure:
               (1)  following a conviction of an offense under Section
  49.04, Penal Code, other than an offense punishable under
  Subsection (d) of that section; and
               (2)  under a provision of Chapter 42A, Code of Criminal
  Procedure, other than Subchapter C, including:
                     (A)  a provision that requires the person to serve
  a term of confinement as a condition of community supervision; or
                     (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.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) whose
  community supervision is not revoked and who completes the period
  of community supervision, including any term of confinement imposed
  and payment of all fines, costs, and restitution imposed, 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:
               (1)  satisfies the requirements of this section and
  Section 411.074;
               (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
               (3)  either:
                     (A)  successfully completed a condition of
  community supervision, or complied with a provision of a court
  order entered on or after the conviction, that, for a period of not
  less than six months, restricted the person's operation of a motor
  vehicle to a motor vehicle equipped with an ignition interlock
  device; or
                     (B)  agrees to comply with an order issued under
  Subsection (d)(2) restricting the person's operation of a motor
  vehicle to a motor vehicle equipped with an ignition interlock
  device for a period of not less than six months.
         (c)  A petition for an order of nondisclosure of criminal
  history record information filed under this section must include
  evidence that the person is entitled to file the petition.
         (d)  Except as provided by Subsection (f), 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 an order
  of nondisclosure of criminal history record information is in the
  best interest of justice, the court shall:
               (1)  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, if the person satisfied the requirement of Subsection
  (b)(3)(A); or
               (2)  as a condition of entering any future order of
  nondisclosure of criminal history record information regarding the
  offense under Section 49.04, Penal Code, issue an order in a manner
  consistent with Section 521.246, Transportation Code, restricting
  the person's operation of a motor vehicle, for a period of not less
  than six months, to a motor vehicle equipped with an ignition
  interlock device, if the person satisfied the requirement of
  Subsection (b)(3)(B).
         (e)  On receiving evidence sufficient to the court that a
  person ordered to install and use an ignition interlock device
  under Subsection (d)(2) successfully completed all of the terms of
  the order and that during the period following the issuance of that
  order the person has not been convicted of or placed on deferred
  adjudication community supervision under Subchapter C, Chapter
  42A, Code of Criminal Procedure, for any offense other than a
  traffic offense that is punishable by fine only, the court that
  placed the person on community supervision 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.
         (f)  A court may not issue an order of nondisclosure of
  criminal history record information under this section or issue an
  order under Subsection (d)(2) if the attorney representing the
  state presents evidence sufficient to the court demonstrating that
  the commission of the offense for which the order is sought resulted
  in a motor vehicle accident involving another person, including a
  passenger in a motor vehicle operated by the person seeking the
  order of nondisclosure.
         (g)  A person may petition the court that placed the person
  on community supervision for an order of nondisclosure of criminal
  history record information under this section only on or after the
  second anniversary of the date of completion of the community
  supervision. 
         SECTION 6.  Section 411.0735, Government Code, is amended to
  read as follows:
         Sec. 411.0735.  PROCEDURE FOR CONVICTION [AND CONFINEMENT];
  CERTAIN MISDEMEANORS AND STATE JAIL FELONIES. (a)  This section
  applies only to a person who:
               (1)  is convicted of:
                     (A)  a misdemeanor other than a misdemeanor under
  Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
  49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
                     (B)  a state jail felony under Section 481.115,
  481.1151, 481.116, 481.1161, or 481.121, Health and Safety Code;
  and
               (2)  [is sentenced to and serves a period of
  confinement; and
               [(3)]  is not eligible for an order of nondisclosure of
  criminal history record information 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, [period
  of confinement and is released] 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
               (2)  has never been previously convicted of or placed
  on deferred adjudication community supervision for another offense
  other than a traffic [an] offense that is [under the Transportation
  Code] punishable by fine only.
         (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 for which the person was convicted [giving
  rise to the confinement].
         (d)  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 date of completion of the person's sentence, if
  the offense of which the person was convicted was a misdemeanor
  punishable by fine only;
               (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 fifth anniversary of the date of completion of
  the person's sentence, if the offense of which the person was
  convicted was a state jail felony [period of confinement].
         SECTION 7.  Subchapter E-1, Chapter 411, Government Code, is
  amended by adding Section 411.0736 to read as follows:
         Sec. 411.0736.  PROCEDURE FOR CONVICTION; CERTAIN DRIVING
  WHILE INTOXICATED CONVICTIONS. (a) This section applies only to a
  person who:
               (1)  is convicted of an offense under Section 49.04,
  Penal Code, other than an offense punishable under Subsection (d)
  of that section; and
               (2)  is not eligible for an order of nondisclosure of
  criminal history record information under Section 411.0731.
         (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, 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;
               (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
               (3)  either:
                     (A)  successfully completed a condition of the
  sentence, or complied with a provision of a court order entered on
  or after conviction, that, for a period of not less than six months,
  restricted the person's operation of a motor vehicle to a motor
  vehicle equipped with an ignition interlock device; or
                     (B)  agrees to comply with an order issued under
  Subsection (d)(2) restricting the person's operation of a motor
  vehicle to a motor vehicle equipped with an ignition interlock
  device for a period not to exceed six months.
         (c)  A petition for an order of nondisclosure of criminal
  history record information filed under this section must include
  evidence that the person is entitled to file the petition.
         (d)  Except as provided by Subsection (f), 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 an order
  of nondisclosure of criminal history record information is in the
  best interest of justice, the court shall:
               (1)  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, if the person satisfied the requirement of Subsection
  (b)(3)(A); or
               (2)  as a condition of entering any future order of
  nondisclosure of criminal history record information regarding the
  offense under Section 49.04, Penal Code, issue an order in a manner
  consistent with Section 521.246, Transportation Code, restricting
  the person's operation of a motor vehicle, for a period of not less
  than six months, to a motor vehicle equipped with an ignition
  interlock device, if the person satisfied the requirement of
  Subsection (b)(3)(B).
         (e)  On receiving evidence sufficient to the court that a
  person ordered to install and use an ignition interlock device
  under Subsection (d)(2) successfully completed all of the terms of
  the order and that during the period following the issuance of that
  order the person has not been convicted of or placed on deferred
  adjudication community supervision under Subchapter C, Chapter
  42A, Code of Criminal Procedure, for any offense other than a
  traffic offense that is punishable by fine only, the court that
  imposed the sentence shall issue an order prohibiting criminal
  justice agencies from disclosing to the public criminal history
  record information related to the offense of which the person was
  convicted.
         (f)  A court may not issue an order of nondisclosure of
  criminal history record information under this section or issue an
  order under Subsection (d)(2) if the attorney representing the
  state presents evidence sufficient to the court demonstrating that
  the commission of the offense for which the order is sought resulted
  in a motor vehicle accident involving another person, including a
  passenger in a motor vehicle operated by the person seeking the
  order of nondisclosure.
         (g)  A person may petition the court that imposed the
  sentence for an order of nondisclosure of criminal history record
  information under this section on or after the third anniversary of
  the date of completion of the person's sentence.
         SECTION 8.  Section 411.074, Government Code, is amended to
  read as follows:
         Sec. 411.074.  REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF
  NONDISCLOSURE. (a) A person may be granted an order of
  nondisclosure of criminal history record information under this
  subchapter and, when applicable, is entitled to petition the court
  to receive an order under this subchapter only if, during the period
  after the court pronounced the sentence or placed the person on
  community supervision, including deferred adjudication community
  supervision, for the offense for which the order of nondisclosure
  is requested, and during any applicable waiting period for the
  person under this subchapter following [after] completion of the
  person's sentence or community supervision, including deferred
  adjudication community supervision [required by this subchapter],
  the person is not convicted of or placed on deferred adjudication
  community supervision under Subchapter C, Chapter 42A, Code of
  Criminal Procedure, for any offense other than a traffic [an]
  offense that is [under the Transportation Code] punishable by fine
  only.
         (b)  A person may not be granted an order of nondisclosure of
  criminal history record information under this subchapter and is
  not entitled to petition the court for an order of nondisclosure 
  under this subchapter if:
               (1)  the person requests the order of nondisclosure 
  [was convicted or placed on deferred adjudication community
  supervision] for, or the person has been previously convicted of or
  placed on [any other] deferred adjudication community supervision
  under Subchapter C, Chapter 42A, Code of Criminal Procedure, for:
                     (A)  an offense requiring registration as a sex
  offender under Chapter 62, Code of Criminal Procedure;
                     (B)  an offense under Section 20.04, Penal Code,
  regardless of whether the offense is a reportable conviction or
  adjudication for purposes of Chapter 62, Code of Criminal
  Procedure;
                     (C)  an offense under Section 19.02, 19.03,
  20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
  Code; or
                     (D)  any other offense involving family violence,
  as defined by Section 71.004, Family Code; or
               (2)  the court makes an affirmative finding that the
  offense for which the order of nondisclosure [of criminal history
  record information] is requested involved family violence, as
  defined by Section 71.004, Family Code.
         SECTION 9.  Section 411.0765(a), Government Code, is amended
  to read as follows:
         (a)  A criminal justice agency may disclose criminal history
  record information that is the subject of an order of nondisclosure
  of criminal history record information under this subchapter only:
               (1)  to other criminal justice agencies;
               (2)  [,] for criminal justice or regulatory licensing
  purposes;
               (3)  to [,] an agency or entity listed in Subsection
  (b);
               (4)  to [, or] the person who is the subject of the
  order; or
               (5)  for the purpose of complying with a requirement
  under federal law or if federal law requires the disclosure as a
  condition of receiving federal highway funds.
         SECTION 10.  Article 42A.105, Code of Criminal Procedure, is
  amended to conform to Chapter 1279 (S.B. 1902), Acts of the 84th
  Legislature, Regular Session, 2015, by adding Subsection (f) to
  read as follows:
         (f)  If a judge places on deferred adjudication community
  supervision a defendant charged with a misdemeanor 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 411.072, Government Code.
         SECTION 11.  Section 32, Chapter 1279 (S.B. 1902), Acts of
  the 84th Legislature, Regular Session, 2015, is repealed.
         SECTION 12.  To the extent of any conflict, this Act prevails
  over another Act of the 85th Legislature, Regular Session, 2017,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 13.  This Act takes effect September 1, 2017.