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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 411.0727 to read as follows: |
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Sec. 411.0727. PROCEDURE FOR CERTAIN CHARGED OFFENSES THAT |
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DID NOT RESULT IN CONVICTION OR DEFERRED ADJUDICATION. (a) This |
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section applies only to a person who is: |
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(1) charged with more than one offense arising out of |
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the same criminal episode; |
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(2) convicted of or placed on deferred adjudication |
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community supervision for at least one but not all of the offenses |
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charged; and |
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(3) charged with another offense arising out of that |
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criminal episode that: |
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(A) resulted in acquittal; or |
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(B) is dismissed by the court or the attorney |
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representing the state. |
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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) may petition |
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the court that imposed the sentence or placed the person on |
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community supervision, including deferred adjudication community |
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supervision, as applicable, for the offense described by Subsection |
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(a)(2) for an order of nondisclosure of criminal history record |
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information under this section if: |
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(1) the person satisfies the requirements of this |
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section; and |
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(2) the order is sought for an offense described by |
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Subsection (a)(3). |
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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 an offense described by Subsection (a)(3). |
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(d) A person may petition the court that imposed the |
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sentence or placed the person on community supervision, including |
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deferred adjudication community supervision, as applicable, for |
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the offense described by Subsection (a)(2) for an order of |
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nondisclosure of criminal history record information under this |
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section with respect to an offense described by Subsection (a)(3) |
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only on or after the second anniversary of, as applicable: |
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(1) the date of completion of: |
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(A) the person's sentence for each offense |
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described by Subsection (a)(2); or |
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(B) the community supervision for each offense |
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described by Subsection (a)(2); or |
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(2) the discharge and dismissal under Article 42A.111, |
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Code of Criminal Procedure, for each offense described by |
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Subsection (a)(2). |
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(e) A person is entitled to petition the court to receive an |
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order of nondisclosure of criminal history record information |
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under this section only if, during the period after the court |
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pronounced the sentence or placed the person on community |
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supervision, including deferred adjudication community |
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supervision, and during the waiting period required by Subsection |
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(d), the person is not convicted of or placed on deferred |
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adjudication community supervision under Subchapter C, Chapter |
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42A, Code of Criminal Procedure, for any offense other than a |
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traffic offense that is punishable by fine only. |
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(f) A person may not be granted an order of nondisclosure of |
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criminal history record information under this section and is not |
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entitled to petition the court for an order under this section if |
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the person was convicted or placed on deferred adjudication |
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community supervision under Subsection (a)(2) for or has been |
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previously convicted or placed on any other deferred adjudication |
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community supervision for: |
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(1) an offense requiring registration as a sex |
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offender under Chapter 62, Code of Criminal Procedure; |
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(2) 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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(3) an offense under Section 19.02, 19.03, 20A.02, |
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20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code; or |
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(4) any other offense involving family violence, as |
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defined by Section 71.004, Family Code. |
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SECTION 2. Section 411.074, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) This section does not apply to an order of nondisclosure |
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of criminal history record information under Section 411.0727. |
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SECTION 3. Section 411.0727, 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 charged |
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offense that is the subject of the petition was allegedly committed |
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before, on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2017. |