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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: CERTAIN MISDEMEANORS AND 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 an offense other than: |
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(A) an offense under Section 106.041, Alcoholic |
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Beverage Code, or Section 49.04, 49.045, 49.05, 49.06, 49.065, |
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49.07, or 49.08, Penal Code; |
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(B) a felony under Title 5, Penal Code; |
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(C) an offense for which registration as a sex |
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offender is required under Chapter 62, Code of Criminal Procedure; |
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(D) an offense under Section 25.07 or 25.072, |
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Penal Code; or |
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(E) any other offense involving family violence, |
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as defined by Section 71.004, Family 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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(2) has not been convicted of or placed on deferred |
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adjudication community supervision for another offense, other than |
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a traffic offense that is punishable by fine only, that was |
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committed during the seven-year period preceding the petition. |
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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: |
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(1) the 10th anniversary of the date of completion of |
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the community supervision, if the offense for which the person was |
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placed on community supervision was a misdemeanor; or |
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(2) the 15th anniversary of the date of completion of |
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the community supervision, if the offense for which the person was |
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placed on community supervision was a felony. |
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SECTION 2. This Act takes effect September 1, 2019. |