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A BILL TO BE ENTITLED
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AN ACT
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relating to orders of nondisclosure of criminal history record |
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information for certain misdemeanor defendants following |
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successful completion of a period of deferred adjudication |
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community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.072(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 deferred adjudication community |
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supervision under Subchapter C, Chapter 42A, Code of Criminal |
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Procedure, for a misdemeanor other than a misdemeanor: |
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(A) under: |
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(i) Section 49.04 or 49.06, Penal Code; or |
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(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or |
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71, Penal Code; or |
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(B) with respect to which an affirmative finding |
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under Article 42A.105(f), Code of Criminal Procedure, or former |
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Section 5(k), Article 42.12, Code of Criminal Procedure, was filed |
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in the papers of the case; and |
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(2) has not more than one previous offense, other than |
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a traffic offense that is punishable by fine only, for which the |
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person was [never been previously] convicted [of] or placed on |
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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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SECTION 2. Notwithstanding Section 411.0716(b), Government |
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Code, the change in law made by this Act to Section 411.072, |
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Government Code, applies only to a person described by Subsection |
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(a) of that section who receives a dismissal and discharge under |
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Article 42A.111, Code of Criminal Procedure, on or after the |
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effective date of this Act. A person who receives a dismissal and |
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discharge under Article 42A.111, Code of Criminal Procedure, before |
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the effective date of this Act is governed by the law in effect on |
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the date the dismissal and discharge was received, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |