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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 411.0732 to read as follows: |
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Sec. 411.0732. 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. This Act takes effect September 1, 2019. |