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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, is |
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amended by adding Section 411.0731 to read as follows: |
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Sec. 411.0731. PROCEDURE FOR COMMUNITY SUPERVISION |
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FOLLOWING CONVICTION; SET-ASIDE CONVICTIONS. (a) This section |
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applies only to a person who: |
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(1) on conviction is placed on community supervision |
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under Chapter 42A, Code of Criminal Procedure, and with respect to |
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whom the conviction is subsequently set aside by the court under |
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Article 42A.701(f) of that chapter; and |
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(2) is not convicted of an offense for which the person |
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would be ineligible for deferred adjudication community |
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supervision under Article 42A.102(b), Code of Criminal Procedure. |
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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 satisfies |
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the requirements of Section 411.074 may petition the court that |
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placed the person on community supervision for an order of |
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nondisclosure of criminal history record information under this |
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section. |
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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 that issuance of the order is in the best interest of justice, |
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the court shall issue an order prohibiting criminal justice |
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agencies from disclosing to the public criminal history record |
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information related to the offense giving rise to the community |
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supervision. |
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(d) A person may petition the court that placed the person |
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on community supervision for an order of nondisclosure of criminal |
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history record information under this section only after: |
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(1) the conviction is set aside, if the offense for |
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which the person was placed on community supervision was a |
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misdemeanor; or |
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(2) the fifth anniversary of the date the conviction |
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is set aside, if the offense for which the person was placed on |
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community supervision was a felony. |
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SECTION 2. 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 an offense under the |
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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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under Subchapter C, Chapter 42A, Code of Criminal Procedure, 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 3. The change in law made by Section 411.0731, |
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Government Code, as added by this Act, applies to a person whose |
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conviction is set aside under Article 42A.701(f), Code of Criminal |
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Procedure, on or after the effective date of this Act, regardless of |
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whether the offense for which the person was convicted was |
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committed before, on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2017. |