| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
|
| |
|
|
Relating to the expunction of certain records involving marihuana |
|
|
possession. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 411, Government Code, is amended by |
|
|
amending Section 411.074 to read as follows: |
|
|
Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF |
|
|
[NONDISCLOSURE] EXPUNCTION. |
|
|
(a) A person may be granted an order of [nondisclosure] |
|
|
expunction 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 |
|
|
deferred adjudication community supervision for the offense for |
|
|
which the order of [nondisclosure] expunction is requested, and |
|
|
during any applicable waiting period after completion of the |
|
|
sentence or 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 |
|
|
an offense under the Transportation Code punishable by fine only. |
|
|
(b) A person may not be granted an order of [nondisclosure] |
|
|
expunction of criminal history record information under this |
|
|
subchapter and is not entitled to petition the court for an order |
|
|
under this subchapter if: |
|
|
(1) the person was convicted or placed on deferred |
|
|
adjudication community supervision for or has been previously |
|
|
convicted or placed on any other deferred adjudication community |
|
|
supervision 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] expunction of |
|
|
criminal history record information is requested involved family |
|
|
violence, as defined by Section 71.004, Family Code. |
|
|
SECTION 2. This Act takes effect September 1, 2017. |