By: Leach, et al. H.B. No. 1737
 
 
 
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.  The heading to Article 42A.106, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 42A.106.  RECORD NOT CONFIDENTIAL; RIGHT TO PETITION
  FOR ORDER OF NONDISCLOSURE; PROPOSED ORDER OF NONDISCLOSURE IN
  CERTAIN CASES.
         SECTION 2.  Article 42A.106, Code of Criminal Procedure, is
  amended by adding Subsection (c) to read as follows:
         (c)  On completion of the period of deferred adjudication
  community supervision, if the defendant is entitled to receive an
  order of nondisclosure of criminal history record information under
  Section 411.072, Government Code, the defendant's supervision
  officer shall prepare and present to the court that placed the
  defendant on deferred adjudication community supervision, or, if
  jurisdiction was transferred under Article 42A.151, the court that
  accepted jurisdiction of the case, a proposed order of
  nondisclosure related to the offense giving rise to the deferred
  adjudication community supervision.
         SECTION 3.  Section 411.0716(b), Government Code, is amended
  to read as follows:
         (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 January [September] 1, 1993 [2017].
         SECTION 4.  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 dismissal and discharge
  under Article 42A.111, Code of Criminal Procedure, 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;
               (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; and
               (6)  the person has not received an order of
  nondisclosure of criminal history record information under this
  section.
         (b)  Not later than the 15th day of each month, the
  department shall:
               (1)  electronically review the records in the
  department's computerized criminal history system and, based on the
  relevant information present in the system, identify each person
  who meets the criteria provided by Subsection (a); and
               (2)  provide notice and a list to the clerk of the
  applicable court that placed each person identified under
  Subdivision (1) on deferred adjudication community supervision
  indicating that each person may be entitled to an order of
  nondisclosure of criminal history record information under this
  section.
         (c)  For purposes of electronically identifying persons
  under Subsection (b)(1), if the computerized criminal history
  system records do not indicate whether a person received a
  dismissal and discharge, the person is considered to satisfy the
  requirements of Subsection (a)(2) if:
               (1)  the applicable records do not contain an order
  revoking the person's deferred adjudication community supervision;
  and
               (2)  the date on which the period of deferred
  adjudication community supervision imposed in the person's case
  expires has elapsed.
         (d)  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) applicable to the person, or if a court receives a proposed
  order under Article 42A.106(c), Code of Criminal Procedure,
  applicable to the person, the court shall, as soon as practicable
  after the receipt of the notice or proposed order, 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-1)  This subsection applies only to the issuance of an
  order of nondisclosure of criminal history record information under
  this section pursuant to notice received by the court under
  Subsection (b) for an offense for which the person received a
  discharge and dismissal under Article 42A.111, Code of Criminal
  Procedure, before July 1, 2024. Notwithstanding Subsection (d), a
  court shall issue an order of nondisclosure of criminal history
  record information under that subsection not later than the later
  of the 180th day after the date on which the court first received
  the notice under Subsection (b) or:
               (1)  July 1, 2025, if the person received a discharge
  and dismissal under Article 42A.111, Code of Criminal Procedure,
  for the offense on or after September 1, 2017;
               (2)  December 31, 2025, if the person received a
  discharge and dismissal under Article 42A.111, Code of Criminal
  Procedure, for the offense on or after January 1, 2010, but before
  September 1, 2017;
               (3)  December 31, 2026, if the person received a
  discharge and dismissal under Article 42A.111, Code of Criminal
  Procedure, for the offense on or after January 1, 2000, but before
  January 1, 2010; or
               (4)  December 31, 2027, if the person received a
  discharge and dismissal under Article 42A.111, Code of Criminal
  Procedure, for the offense before January 1, 2000.
         (d-2)  For purposes of Subsection (d-1) and Section
  411.0716(b), a person to whose records Subsection (c) applies is
  considered to have received a discharge and dismissal under Article
  42A.111, Code of Criminal Procedure, on the date described by
  Subsection (c)(2).
         (e)  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) 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 (d) as soon as
  practicable after making the finding.
         (f)  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.
         (g) [(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 5.  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 6.  (a) Article 42A.106(c), Code of Criminal
  Procedure, as added by this Act, applies to a person who completes
  the period of deferred adjudication community supervision on or
  after the effective date of this Act, regardless of whether the
  person was placed on deferred adjudication community supervision
  before, on, or after the effective date of this Act.
         (b)  Notwithstanding Section 411.072(b), Government Code, as
  amended by this Act, the Department of Public Safety is not required
  to comply with the requirements of that subsection until July 1,
  2024.
         SECTION 7.  This Act takes effect January 1, 2024.