87R12168 JRR-F
 
  By: Leach H.B. No. 3601
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to automatic orders of nondisclosure of criminal history
  record information for certain misdemeanor defendants following
  successful completion of a period of deferred adjudication
  community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.0716, Government Code, is amended to
  read as follows:
         Sec. 411.0716.  APPLICABILITY OF SUBCHAPTER. [(a)] Except
  as provided by Section 411.072 [Subsection (b)], this subchapter
  applies to the issuance of an order of nondisclosure of criminal
  history record information for an offense committed before, on, or
  after September 1, 2017.
         [(b)  Section 411.072 applies only to a person described by
  Subsection (a) of that section who receives a discharge and
  dismissal under Article 42A.111, Code of Criminal Procedure, on or
  after September 1, 2017.]
         SECTION 2.  Section 411.072, Government Code, is amended to
  read as follows:
         Sec. 411.072.  AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
  COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY
  SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) A person is
  entitled to an order of nondisclosure of criminal history record
  information under this [This] section if [applies only to a person
  who]:
               (1)  the person was placed on deferred adjudication
  community supervision under Subchapter C, Chapter 42A, Code of
  Criminal Procedure, for a misdemeanor other than a misdemeanor:
                     (A)  under:
                           (i)  Section 49.04 or 49.06, Penal Code; or
                           (ii)  Chapter 20, 21, 22, 25, 42, 43, 46, or
  71, Penal Code; or
                     (B)  with respect to which an affirmative finding
  under Article 42A.105(f), Code of Criminal Procedure, or former
  Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
  in the papers of the case; [and]
               (2)  the person received a discharge and dismissal
  under Article 42A.111, Code of Criminal Procedure, on or after
  September 1, 2017, for the offense described by Subdivision (1);
               (3)  at least 180 days have elapsed from the date the
  person was placed on deferred adjudication community supervision
  for the offense described by Subdivision (1);
               (4)  the person satisfies the requirements of Section
  411.074; and
               (5)  the person has never been previously convicted of
  or placed on deferred adjudication community supervision for
  another offense other than a traffic offense that is punishable by
  fine only.
         (b)  Not later than the 15th day of each month, the
  department shall:
               (1)  review the records in the department's
  computerized criminal history system and, based on the relevant
  information present in the system, identify and compile a list of
  each person who:
                     (A)  meets the criteria provided by Subsection
  (a); and
                     (B)  has not received an order of nondisclosure of
  criminal history information under this section; and
               (2)  for each person identified on the list described
  by Subdivision (1), provide to the applicable court that placed the
  person on deferred adjudication community supervision:
                     (A)  notice of the person's entitlement to an
  order of nondisclosure of criminal history record information under
  this section; and
                     (B)  a copy of the list described by Subdivision
  (1).
         (c)  Notwithstanding any other provision of this subchapter
  or Subchapter F, if a [person described by Subsection (a) receives a
  discharge and dismissal under Article 42A.111, Code of Criminal
  Procedure, and satisfies the requirements of Section 411.074, the]
  court that placed a [the] person on deferred adjudication community
  supervision receives notice from the department under Subsection
  (b) that the person is entitled to an order of nondisclosure of
  criminal history record information under this section, the court
  shall, as soon as practicable after the receipt of the notice, issue
  an order of nondisclosure of criminal history record information
  under this subchapter prohibiting criminal justice agencies from
  disclosing to the public criminal history record information
  related to the offense giving rise to the deferred adjudication
  community supervision. [The court shall determine whether the
  person satisfies the requirements of Section 411.074, and if the
  court makes a finding that the requirements of that section are
  satisfied, the court shall issue the order of nondisclosure of
  criminal history record information:
               [(1)  at the time the court discharges and dismisses
  the proceedings against the person, if the discharge and dismissal
  occurs on or after the 180th day after the date the court placed the
  person on deferred adjudication community supervision; or
               [(2)  as soon as practicable on or after the 180th day
  after the date the court placed the person on deferred adjudication
  community supervision, if the discharge and dismissal occurred
  before that date.]
         (d)  A [(c)  The] person who is entitled to an order of
  nondisclosure of criminal history record information under this
  section but who is not identified by the department under
  Subsection (b) as being entitled to the order may [shall] present to
  the court that placed the person on deferred adjudication community
  supervision any evidence necessary to establish that the person is
  entitled [eligible] to receive an order of nondisclosure of
  criminal history record information under this section. The court
  shall prescribe the manner in which the person may present the
  evidence to the court under this subsection. The court shall
  determine whether the person satisfies the requirements of this
  section, and if the court makes a finding that the requirements of
  this section are satisfied, the court shall issue an order of
  nondisclosure of criminal history record information under
  Subsection (c) as soon as practicable after making the finding.
         (e)  Notwithstanding any other law, a [The] person who is
  entitled to an order of nondisclosure of criminal history record
  information under this section may not be required to [must] pay any
  [a $28] fee relating to the issuance of [to the clerk of the court
  before the court issues] the order.
         (f) [(d)]  A person who is not entitled [eligible] to receive
  an order of nondisclosure of criminal history record information
  under this section solely because an affirmative finding under
  Article 42A.105(f), Code of Criminal Procedure, or former Section
  5(k), Article 42.12, Code of Criminal Procedure, was filed in the
  papers of the case may file a petition for an order of nondisclosure
  of criminal history record information under Section 411.0725 if
  the person otherwise satisfies the requirements of that section.
         SECTION 3.  Section 411.0725(a), Government Code, is amended
  to read as follows:
         (a)  This section applies only to a person placed on deferred
  adjudication community supervision under Subchapter C, Chapter
  42A, Code of Criminal Procedure, who:
               (1)  is not entitled [eligible] to receive an order of
  nondisclosure of criminal history record information under Section
  411.072; and
               (2)  was placed on deferred adjudication community
  supervision for an offense other than an offense under Section
  49.04 or 49.06, Penal Code.
         SECTION 4.  This Act takes effect January 1, 2022.