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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain criminal defendants for an |
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order of 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, |
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is amended by adding Section 411.0729 to read as follows: |
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Sec. 411.0729. PROCEDURE FOR CERTAIN FINE-ONLY |
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MISDEMEANORS. (a) This section applies only to a person who is |
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convicted of and has satisfied the judgment for or who has received |
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a dismissal after deferral of disposition for a misdemeanor offense |
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punishable by fine only, other than an offense under the |
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Transportation Code or an offense under a municipal ordinance or |
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county order. |
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(b) Notwithstanding any other provision of this chapter or |
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Subchapter F, a person described by Subsection (a) may petition the |
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court that convicted or granted a dismissal to the person for an |
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order of nondisclosure of criminal history record information under |
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this section if the person: |
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(1) satisfies the requirements of 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 offense that is punishable by fine only, |
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regardless of whether that offense is subject to an order of |
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nondisclosure of criminal history record information granted under |
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this subchapter or any other law. |
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(c) After notice to the state, the court shall hold a |
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hearing on whether the person is entitled to file the petition and |
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whether issuance of the order is in the best interest of justice. |
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In determining whether granting the order is in the best interest of |
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justice, the court may consider the person's criminal history |
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record information among any other factors the court considers |
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relevant. If the court determines that granting the order is in the |
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best interest of justice, the court shall issue an order |
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prohibiting criminal justice agencies from disclosing to the public |
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criminal history record information related to the misdemeanor |
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offense that is the subject of the petition. As a condition of |
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granting the petition under this section for a person convicted of |
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the offense, a court may require the person to perform community |
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service, pay a fee, or both perform the community service and pay |
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the fee as if the person had been placed on probation pending |
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deferred disposition under Article 45.051, Code of Criminal |
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Procedure. |
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(d) A person may petition the court for an order of |
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nondisclosure of criminal history record information under this |
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section only on or after the first anniversary of the conviction or |
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dismissal, as applicable. |
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SECTION 2. Section 411.077, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), the [The] clerk |
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of a court that collects a fee in connection with a petition or |
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order for nondisclosure of criminal history record information |
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under this subchapter shall remit the fee to the comptroller not |
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later than the last day of the month following the end of the |
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calendar quarter in which the fee is collected, and the comptroller |
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shall deposit the fee in the general revenue fund. |
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(a-1) The clerk of a court that collects a fee paid under |
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Section 411.0745 for a petition filed under Section 411.0729 shall |
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deposit the fee to the credit of the general fund of the |
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municipality or county, as applicable. |
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SECTION 3. Section 411.0729, Government Code, as added by |
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this Act, applies to a person who petitions the court for an order |
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of nondisclosure of criminal history record information on or after |
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the effective date of this Act, regardless of whether the offense |
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that is the subject of the petition was committed before, on, or |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2017. |