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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.0725(e), Government Code, is amended |
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to read as follows: |
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(e) A person may petition the court that placed the person |
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on deferred adjudication community supervision for an order of |
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nondisclosure of criminal history record information under this |
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section only on or after: |
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(1) the discharge and dismissal, if the offense for |
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which the person was placed on deferred adjudication was a |
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misdemeanor [other than a misdemeanor described by Subdivision |
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(2)]; |
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(2) the first [second] anniversary of the discharge |
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and dismissal, if the offense for which the person was placed on |
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deferred adjudication was a state jail felony [misdemeanor under |
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Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code]; or |
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(3) the second [fifth] anniversary of the discharge |
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and dismissal, if the offense for which the person was placed on |
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deferred adjudication was a felony other than a state jail felony. |
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SECTION 2. The heading to Section 411.073, Government Code, |
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is amended to read as follows: |
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Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION |
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FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND FELONIES. |
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SECTION 3. Sections 411.073(a), (b), and (d), Government |
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Code, are amended to read as follows: |
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(a) This section applies only to a person placed on |
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community supervision under Chapter 42A, Code of Criminal |
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Procedure: |
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(1) following a conviction of an offense [a |
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misdemeanor] other than an offense [a misdemeanor] under: |
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(A) Section 106.041, Alcoholic Beverage Code; or |
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(B) [,] Section 49.04, 49.045, 49.05, 49.06, [or] |
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49.065, 49.07, or 49.08, Penal Code[, or Chapter 71, Penal Code]; |
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and |
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(2) under a provision of Chapter 42A, Code of Criminal |
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Procedure, other than Subchapter C, including: |
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(A) a provision that requires the person to serve |
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a term of confinement as a condition of community supervision; or |
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(B) another provision that authorizes placing a |
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person on community supervision after the person has served part of |
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a term of confinement imposed for the offense. |
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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) whose |
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community supervision is not revoked and who completes the period |
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of community supervision, including any term of confinement imposed |
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and payment of all fines, costs, and restitution imposed, may |
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petition the court that placed the person on community supervision |
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for an order of nondisclosure of criminal history record |
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information under this section if the person[: |
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[(1)] satisfies the requirements of this section and |
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Section 411.074[; and |
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[(2) has never been previously convicted of or placed |
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on 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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(d) A person may petition the court that placed the person |
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on community supervision for an order of nondisclosure of criminal |
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history record information under this section only on or after: |
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(1) the completion of the community supervision, if |
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the offense for which the person was placed on community |
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supervision was a misdemeanor [other than a misdemeanor described |
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by Subdivision (2)]; [or] |
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(2) the second anniversary of the date of completion |
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of the community supervision, if the offense for which the person |
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was placed on community supervision was a state jail felony; |
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(3) the fifth anniversary of the date of completion of |
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the community supervision, if the offense for which the person was |
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placed on community supervision was a felony of the third degree; |
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(4) the seventh anniversary of the date of completion |
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of the community supervision, if the offense for which the person |
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was placed on community supervision was a felony of the second |
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degree; or |
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(5) the 10th anniversary of the date of completion of |
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the community supervision, if the offense for which the person was |
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placed on community supervision was a felony of the first degree |
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[misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal |
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Code]. |
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SECTION 4. The heading to Section 411.0735, Government |
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Code, is amended to read as follows: |
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Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN |
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MISDEMEANORS AND FELONIES. |
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SECTION 5. Sections 411.0735(a), (b), (c), and (d), |
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Government Code, are amended to read as follows: |
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(a) This section applies only to a person who: |
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(1) is convicted of an offense [a misdemeanor] other |
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than an offense [a misdemeanor] under: |
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(A) Section 106.041, Alcoholic Beverage Code; or |
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(B) [,] Section 49.04, 49.045, 49.05, 49.06, [or] |
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49.065, 49.07, or 49.08, Penal Code[, or Chapter 71, Penal Code]; |
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and |
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(2) is not eligible for an order of nondisclosure of |
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criminal history record information under Section 411.073. |
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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 imposed |
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and payment of all fines, costs, and restitution imposed, may |
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petition the court that imposed the sentence for an order of |
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nondisclosure of criminal history record information under this |
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section if the person[: |
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[(1)] satisfies the requirements of this section and |
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Section 411.074[; and |
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[(2) has never been previously convicted of or placed |
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on 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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(c) After [Except as provided by Subsection (c-1), after] |
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notice to the state, an opportunity for a hearing, and a |
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determination that the person is entitled to file the petition and |
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issuance of the order is in the best interest of justice, the court |
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shall issue an order prohibiting criminal justice agencies from |
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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: |
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(1) the date of completion of the person's sentence, if |
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the offense of which the person was convicted was a misdemeanor |
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punishable by fine only; [or] |
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(2) the first [second] anniversary of the date of |
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completion of the person's sentence, if the offense of which the |
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person was convicted was a misdemeanor other than a misdemeanor |
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described by Subdivision (1); |
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(3) the fifth anniversary of the date of completion of |
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the person's sentence, if the offense of which the person was |
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convicted was a state jail felony; |
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(4) the seventh anniversary of the date of completion |
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of the person's sentence, if the offense of which the person was |
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convicted was a felony of the third degree; |
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(5) the 10th anniversary of the date of completion of |
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the person's sentence, if the offense of which the person was |
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convicted was a felony of the second degree; or |
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(6) the 12th anniversary of the date of completion of |
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the person's sentence, if the offense of which the person was |
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convicted was a felony of the first degree. |
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SECTION 6. Section 411.0735(c-1), Government Code, is |
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repealed. |
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SECTION 7. This Act takes effect September 1, 2023. |