|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the eligibility of certain criminal defendants 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 411.0726 to read as follows: |
|
Sec. 411.0726. PROCEDURE FOR CERTAIN CHARGED OFFENSES NOT |
|
RESULTING IN CONVICTION OR DEFERRED ADJUDICATION. (a) This |
|
section applies only to a person who is: |
|
(1) charged with more than one offense arising out of |
|
the same criminal episode; |
|
(2) convicted of or placed on deferred adjudication |
|
community supervision for at least one but not all of the offenses |
|
charged; and |
|
(3) charged with another offense arising out of that |
|
criminal episode that: |
|
(A) resulted in acquittal; or |
|
(B) is dismissed by the court or the attorney |
|
representing the state. |
|
(b) Notwithstanding any other provision of this subchapter |
|
or Subchapter F, a person described by Subsection (a) who satisfies |
|
the requirements of this section may petition the court with |
|
jurisdiction over the offense described by Subsection (a)(2) for an |
|
order of nondisclosure of criminal history record information under |
|
this section with respect to an offense described by Subsection |
|
(a)(3). |
|
(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 an offense described by Subsection (a)(3). |
|
(d) A person may petition the court with jurisdiction over |
|
the offense described by Subsection (a)(2) for an order of |
|
nondisclosure of criminal history record information under this |
|
section with respect to an offense described by Subsection (a)(3) |
|
only on or after the second anniversary of the date on which, for |
|
all offenses described by Subsection (a)(2), the person is fully |
|
discharged from the person's sentence or has successfully completed |
|
the person's term of deferred adjudication community supervision, |
|
as applicable. |
|
(e) A person is entitled to petition the court to receive an |
|
order of nondisclosure of criminal history record information |
|
under this section only if, during the period after the court |
|
pronounced the sentence or placed the person on community |
|
supervision, including deferred adjudication community |
|
supervision, and during the waiting period required by Subsection |
|
(d), 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 offense that is punishable by fine only. |
|
(f) A person may not be granted an order of nondisclosure of |
|
criminal history record information under this section and is not |
|
entitled to petition the court for an order under this section if, |
|
as described by Subsection (a)(2) or at any time before the petition |
|
is filed, the person has been convicted of or placed on deferred |
|
adjudication community supervision for: |
|
(1) an offense requiring registration as a sex |
|
offender under Chapter 62, Code of Criminal Procedure; |
|
(2) 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; |
|
(3) 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 |
|
(4) any other offense involving family violence, as |
|
defined by Section 71.004, Family Code. |
|
SECTION 2. Section 411.074, Government Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) This section does not apply to an order of nondisclosure |
|
of criminal history record information under Section 411.0726. |
|
SECTION 3. Section 411.0726, Government Code, as added by |
|
this Act, applies to a person who petitions the court for an order |
|
of nondisclosure of criminal history record information on or after |
|
the effective date of this Act, regardless of whether the charged |
|
offense that is the subject of the petition was allegedly committed |
|
before, on, or after the effective date of this Act. |
|
SECTION 4. This Act takes effect September 1, 2019. |