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A BILL TO BE ENTITLED
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AN ACT
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relating to automatic orders of nondisclosure of criminal history |
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record information for certain misdemeanor defendants who |
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successfully complete a period of community supervision following |
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conviction; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.01, Code of Criminal Procedure, is |
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amended by adding Section 16 to read as follows: |
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Sec. 16. In addition to the information described by |
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Section 1, the judgment must reflect affirmative findings entered |
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pursuant to Article 42A.059. |
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SECTION 2. Subchapter B, Chapter 42A, Code of Criminal |
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Procedure, is amended by adding Article 42A.059 to read as follows: |
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Art. 42A.059. AFFIRMATIVE FINDING REGARDING AUTOMATIC |
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ORDER OF NONDISCLOSURE. If a judge places on community supervision |
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a defendant charged with a misdemeanor other than a misdemeanor |
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under Section 106.041, Alcoholic Beverage Code, Section 49.04, |
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49.05, 49.06, or 49.065, Penal Code, or Chapter 20, 21, 22, 25, 42, |
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43, 46, or 71, Penal Code, the judge shall make an affirmative |
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finding of fact and file a statement of that affirmative finding in |
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the judgment in the case if the judge determines that it is not in |
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the best interest of justice that the defendant receive an |
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automatic order of nondisclosure under Section 411.07299, |
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Government Code. |
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SECTION 3. Section 411.0716, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as otherwise provided by this section |
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[Subsection (b)], this subchapter applies to the issuance of an |
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order of nondisclosure of criminal history record information for |
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an offense committed before, on, or after September 1, 2017. |
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(c) Section 411.07299 applies only to the issuance of an |
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order of nondisclosure of criminal history record information for |
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an offense committed on or after September 1, 2021. |
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SECTION 4. The heading to Section 411.072, Government Code, |
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is amended to read as follows: |
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Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING |
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COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY |
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SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. |
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SECTION 5. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Section 411.07299 to read as follows: |
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Sec. 411.07299. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING |
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COMPLETION OF COMMUNITY SUPERVISION; CERTAIN NONVIOLENT |
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MISDEMEANORS. (a) This section applies only to a person who: |
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(1) was placed on community supervision under Chapter |
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42A, Code of Criminal Procedure: |
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(A) following a conviction of a misdemeanor other |
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than a misdemeanor: |
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(i) under Section 106.041, Alcoholic |
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Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, Penal Code, |
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or Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal Code; or |
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(ii) with respect to which an affirmative |
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finding under Article 42A.059, Code of Criminal Procedure, was |
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filed in the judgment in the case; and |
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(B) under a provision of Chapter 42A, Code of |
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Criminal Procedure, other than Subchapter C, including: |
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(i) a provision that requires the person to |
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serve a term of confinement as a condition of community |
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supervision; or |
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(ii) another provision that authorizes |
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placing a person on community supervision after the person has |
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served part of a term of confinement imposed for the offense; 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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(b) Notwithstanding any other provision of this subchapter |
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or Subchapter F, if a person described by Subsection (a) completes |
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the period of community supervision, including any term of |
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confinement imposed and payment of all fines, costs, and |
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restitution imposed, and satisfies the requirements of Section |
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411.074 and if the person's community supervision is not revoked, |
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the court that placed the person on community supervision shall |
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issue an order of nondisclosure of criminal history record |
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information under this subchapter 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. The court shall determine whether the person |
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satisfies the requirements of Section 411.074, and if the court |
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makes a finding that the requirements of that section are |
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satisfied, the court shall issue the order of nondisclosure of |
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criminal history record information: |
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(1) on the successful completion of the community |
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supervision, if the person completes the period of community |
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supervision on or after the 180th day after the date the court |
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placed the person on community supervision; or |
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(2) as soon as practicable on or after the 180th day |
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after the date the court placed the person on community |
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supervision, if the person completed the period of community |
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supervision before that date. |
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(c) The person shall present to the court any evidence |
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necessary to establish that the person is eligible to receive an |
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order of nondisclosure of criminal history record information under |
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this section. The person must pay a $28 fee to the clerk of the |
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court before the court issues the order. |
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(d) A person who is not eligible to receive an order of |
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nondisclosure of criminal history record information under this |
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section solely because an affirmative finding under Article |
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42A.059, Code of Criminal Procedure, was filed in the judgment in |
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the case may file a petition for an order of nondisclosure of |
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criminal history record information under Section 411.073 if the |
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person otherwise satisfies the requirements of that section. |
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SECTION 6. Section 411.073(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 community supervision under Chapter |
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42A, Code of Criminal Procedure: |
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(A) [(1)] following a conviction of a |
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misdemeanor other than a misdemeanor under Section 106.041, |
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Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, |
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Penal Code, or Chapter 71, Penal Code; and |
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(B) [(2)] under a provision of Chapter 42A, Code |
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of Criminal Procedure, other than Subchapter C, including: |
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(i) [(A)] a provision that requires the |
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person to serve a term of confinement as a condition of community |
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supervision; or |
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(ii) [(B)] another provision that |
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authorizes placing a person on community supervision after the |
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person has served part of a term of confinement imposed for the |
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offense; and |
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(2) is not eligible to receive an order of |
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nondisclosure of criminal history record information under Section |
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411.07299. |
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SECTION 7. Section 411.0735(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) is convicted of a misdemeanor other than a |
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misdemeanor under Section 106.041, Alcoholic Beverage Code, |
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Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71, |
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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 411.07299 or |
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411.073. |
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SECTION 8. This Act takes effect September 1, 2021. |