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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 411.073(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: |
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(A) a felony; or |
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(B) a misdemeanor under Chapter 20, 21, 22, 25, |
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42, 43, 46, or 71, Penal Code [another offense other than a traffic
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offense that is punishable by fine only]. |
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SECTION 2. 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: |
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(A) a felony; or |
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(B) a misdemeanor under Chapter 20, 21, 22, 25, |
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42, 43, 46, or 71, Penal Code [another offense other than a traffic
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offense that is punishable by fine only]. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |