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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 411.0725(e), Government Code, is amended |
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to read as follows: |
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(e) A person may petition the court that placed the person |
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on deferred adjudication community supervision for an order of |
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nondisclosure of criminal history record information under this |
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section only on or after: |
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(1) the discharge and dismissal, if the offense for |
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which the person was placed on deferred adjudication was a |
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misdemeanor other than a misdemeanor described by Subdivision (2); |
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(2) the 180th day after the date [second anniversary] |
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of the discharge and dismissal, if the offense for which the person |
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was placed on deferred adjudication was a misdemeanor under Chapter |
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20, 21, 22, 25, 42, 43, or 46, Penal Code; or |
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(3) the first [fifth] anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a felony. |
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SECTION 2. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Sections 411.0732 and 411.0737 to read as |
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follows: |
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Sec. 411.0732. PROCEDURE FOR COMMUNITY SUPERVISION |
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FOLLOWING CONVICTION; CERTAIN NONVIOLENT FELONIES. (a) This |
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section applies only to a person placed on community supervision |
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under Chapter 42A, Code of Criminal Procedure: |
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(1) following a conviction of a felony other than a |
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felony: |
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(A) listed in Article 42A.054(a), Code of |
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Criminal Procedure; |
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(B) for which the judgment contains an |
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affirmative finding under Article 42A.054(c) or (d), Code of |
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Criminal Procedure; |
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(C) punishable as a felony of the second degree |
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or a felony of the first degree under Subchapter D, Chapter 481, |
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Health and Safety Code; |
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(D) punishable under Section 481.1122, Health |
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and Safety Code; |
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(E) under Title 5, Penal Code; |
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(F) under Chapter 25, 29, 43, 49, or 71, Penal |
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Code; |
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(G) under Section 28.02, 36.02, 42.072, or 42.08, |
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Penal Code; |
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(H) punishable as a felony of the second degree |
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or a felony of the first degree under Section 28.03, Penal Code; |
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(I) punishable as a felony of the first degree |
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under Section 30.02, Penal Code; |
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(J) under Section 31.03 or 34.02, Penal Code, |
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that is punishable as a felony of the third degree or any higher |
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category of offense; |
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(K) punishable as a felony of the second degree |
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or a felony of the first degree under Section 38.06, Penal Code; or |
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(L) punishable as a felony of the second degree |
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under Section 46.14, Penal Code; and |
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(2) under a provision of Chapter 42A, Code of Criminal |
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Procedure, other than Subchapter C, including: |
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(A) a provision that requires the person to serve |
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a term of confinement as a condition of community supervision; or |
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(B) another provision that authorizes placing a |
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person on community supervision after the person has served part of |
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a term of confinement imposed for the offense. |
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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; |
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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: |
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(A) a traffic offense that is punishable by fine |
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only; or |
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(B) an offense arising out of the criminal |
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episode during which the offense that is the subject of the petition |
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occurred; and |
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(3) has never previously received an order of |
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nondisclosure of criminal history record information under this |
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subchapter or other law for an offense, other than an offense |
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described by Subdivision (2)(A) or (B). |
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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 the offense giving rise to the community 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 on or after the |
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second anniversary of the date of completion of the community |
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supervision. |
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Sec. 411.0737. PROCEDURE FOR CONVICTION; CERTAIN |
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NONVIOLENT FELONIES. (a) This section applies only to a person |
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who: |
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(1) is convicted of a felony other than a felony: |
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(A) listed in Article 42A.054(a), Code of |
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Criminal Procedure; |
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(B) for which the judgment contains an |
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affirmative finding under Article 42A.054(c) or (d), Code of |
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Criminal Procedure; |
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(C) punishable as a felony of the second degree |
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or a felony of the first degree under Subchapter D, Chapter 481, |
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Health and Safety Code; |
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(D) punishable under Section 481.1122, Health |
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and Safety Code; |
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(E) under Title 5, Penal Code; |
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(F) under Chapter 25, 29, 43, 49, or 71, Penal |
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Code; |
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(G) under Section 28.02, 36.02, 42.072, or 42.08, |
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Penal Code; |
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(H) punishable as a felony of the second degree |
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or a felony of the first degree under Section 28.03, Penal Code; |
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(I) punishable as a felony of the first degree |
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under Section 30.02, Penal Code; |
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(J) under Section 31.03 or 34.02, Penal Code, |
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that is punishable as a felony of the third degree or any higher |
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category of offense; |
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(K) punishable as a felony of the second degree |
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or a felony of the first degree under Section 38.06, Penal Code; or |
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(L) punishable as a felony of the second degree |
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under Section 46.14, Penal Code; and |
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(2) is not eligible for an order of nondisclosure of |
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criminal history record information under Section 411.0732. |
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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; |
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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: |
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(A) a traffic offense that is punishable by fine |
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only; or |
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(B) an offense arising out of the criminal |
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episode during which the offense that is the subject of the petition |
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occurred; and |
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(3) has never previously received an order of |
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nondisclosure of criminal history record information under this |
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subchapter or other law for an offense, other than an offense |
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described by Subdivision (2)(A) or (B). |
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(c) Except as provided by Subsection (d), after notice to |
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the state, an opportunity for a hearing, and a determination that |
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the person is entitled to file the petition and issuance of the |
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order is in the best interest of justice, the court shall issue an |
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order prohibiting criminal justice agencies from disclosing to the |
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public criminal history record information related to the offense |
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for which the person was convicted. |
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(d) A court may not issue an order of nondisclosure of |
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criminal history record information under this section if the court |
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determines that the offense for which the order is sought was |
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violent or sexual in nature. |
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(e) A person may petition the court that imposed the |
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sentence for an order of nondisclosure of criminal history record |
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information under this section only on or after the third |
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anniversary of the date of completion of the person's sentence. |
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SECTION 3. This Act takes effect September 1, 2019. |