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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 for |
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certain past misdemeanors and felonies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E-1, Government Code, is amended by |
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adding Section 411.0739 to read as follows: |
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Sec. 411.0739. PROCEDURE FOR CONVICTION FOLLOWING |
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SUCCESSFUL COMPLETION OF SENTENCE; CERTAIN PAST MISDEMEANORS AND |
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FELONIES. (a) This section applies only to a person who: |
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(1) is convicted of a misdemeanor or felony; and |
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(2) has not 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 the offense described by Subdivision |
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(1). |
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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 or period |
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of community supervision imposed and payment of all fines, costs, |
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and restitution imposed, 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 if the person satisfies the |
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requirements of this section and Section 411.074. |
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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 for which the person was convicted. |
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(d) 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 25th |
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anniversary of the date of completion of the person's sentence. |
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SECTION 2. This Act takes effect September 1, 2021. |