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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. Section 411.072(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to a person who[:
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[(1)] was placed on deferred adjudication community |
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supervision under Subchapter C, Chapter 42A, Code of Criminal |
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Procedure, for a misdemeanor other than a misdemeanor: |
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(1) [(A)] under Chapter 20, 21, 22, 25, 42, 43, 46, or |
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71, Penal Code; or |
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(2) [(B)] with respect to which an affirmative finding |
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under Article 42A.105(f), Code of Criminal Procedure, or former |
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Section 5(k), Article 42.12, Code of Criminal Procedure, was filed |
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in the papers of the case[; 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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SECTION 2. Section 411.073(b), Government Code, is amended |
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to read as follows: |
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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) whose |
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community supervision is not revoked and who completes the period |
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of community supervision, including any term of confinement imposed |
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and payment of all fines, costs, and restitution imposed, may |
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petition the court that placed the person on community supervision |
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for an order of nondisclosure of criminal history record |
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information under this section if the person[:
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[(1)] satisfies the requirements of this section and |
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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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SECTION 3. Section 411.0731(b), Government Code, is amended |
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to read as follows: |
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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) whose |
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community supervision is not revoked and who completes the period |
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of community supervision, including any term of confinement imposed |
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and payment of all fines, costs, and restitution imposed, may |
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petition the court that placed the person on community supervision |
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for an order of nondisclosure of criminal history record |
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information under this section if the person[:
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[(1)] satisfies the requirements of this section and |
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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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SECTION 4. Section 411.0735(b), Government Code, is amended |
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to read as follows: |
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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 completes |
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the person's sentence, including any term of confinement imposed |
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and payment of all fines, costs, and restitution imposed, may |
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petition the court that imposed the sentence for an order of |
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nondisclosure of criminal history record information under this |
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section if the person[:
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[(1)] satisfies the requirements of this section and |
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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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SECTION 5. Section 411.0736(b), Government Code, is amended |
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to read as follows: |
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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 completes |
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the person's sentence, including any term of confinement imposed |
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and payment of all fines, costs, and restitution imposed, may |
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petition the court that imposed the sentence for an order of |
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nondisclosure of criminal history record information under this |
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section if the person[:
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[(1)] satisfies the requirements of this section and |
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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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SECTION 6. This Act takes effect September 1, 2019. |