88R20457 JRR-F
 
  By: Collier H.B. No. 399
 
  Substitute the following for H.B. No. 399:
 
  By:  Moody C.S.H.B. No. 399
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to 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 411.072(a), Government Code, is amended
  to read as follows:
         (a)  This section applies only to a person who:
               (1)  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)  has not more than one previous offense, other than
  a traffic offense that is punishable by fine only, for which the
  person was [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].
         SECTION 2.  Notwithstanding Section 411.0716(b), Government
  Code, the change in law made by this Act to Section 411.072,
  Government Code, applies only to a person described by Subsection
  (a) of that section who receives a dismissal and discharge under
  Article 42A.111, Code of Criminal Procedure, on or after the
  effective date of this Act. A person who receives a dismissal and
  discharge under Article 42A.111, Code of Criminal Procedure, before
  the effective date of this Act is governed by the law in effect on
  the date the dismissal and discharge was received, and the former
  law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.