By: A. Johnson of Harris H.B. No. 4362
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of certain criminal defendants for an
  order of nondisclosure of criminal history record information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.0725(e), Government Code, is amended
  to read as follows:
         (e)  A person may petition the court that placed the person
  on deferred adjudication community supervision for an order of
  nondisclosure of criminal history record information under this
  section only on or after:
               (1)  the discharge and dismissal, if the offense for
  which the person was placed on deferred adjudication was a
  misdemeanor other than a misdemeanor described by Subdivision (3)
  [(2)];
               (2)  the first anniversary of the discharge and
  dismissal, if the offense for which the person was placed on
  deferred adjudication was a state jail felony other than a state
  jail felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71,
  Penal Code;
               (3)  the second anniversary of the discharge and
  dismissal, if the offense for which the person was placed on
  deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
  25, 42, 43, or 46, Penal Code; or
               (4) [(3)]  the third [fifth] anniversary of the
  discharge and dismissal, if the offense for which the person was
  placed on deferred adjudication was a felony other than a state jail
  felony described by Subdivision (2).
         SECTION 2.  The heading to Section 411.073, Government Code,
  is amended to read as follows:
         Sec. 411.073.  PROCEDURE FOR COMMUNITY SUPERVISION
  FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL
  FELONIES.
         SECTION 3.  Section 411.073, Government Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (e) to read
  as follows:
         (a)  This section applies only to a person placed on
  community supervision under Chapter 42A, Code of Criminal
  Procedure:
               (1)  following a conviction of:
                     (A)  a misdemeanor other than a misdemeanor under
  Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
  49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
                     (B)  a state jail felony other than a state jail
  felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal
  Code; and
               (2)  under a provision of Chapter 42A, Code of Criminal
  Procedure, other than Subchapter C, including:
                     (A)  a provision that requires the person to serve
  a term of confinement as a condition of community supervision; or
                     (B)  another provision that authorizes placing a
  person on community supervision after the person has served part of
  a term of confinement imposed for the offense.
         (d)  A person may petition the court that placed the person
  on community supervision for an order of nondisclosure of criminal
  history record information under this section only on or after:
               (1)  the completion of the community supervision, if
  the offense for which the person was placed on community
  supervision was a misdemeanor other than a misdemeanor described by
  Subdivision (3) [(2)]; [or]
               (2)  the first anniversary of the date of completion of
  the community supervision, if the offense for which the person was
  placed on community supervision was a state jail felony; or
               (3)  the second anniversary of the date of completion
  of the community supervision, if the offense for which the person
  was placed on community supervision was a misdemeanor under Chapter
  20, 21, 22, 25, 42, 43, or 46, Penal Code.
         (e)  A court that issues an order of nondisclosure of
  criminal history record information may include in the order any
  offense arising out of the same transaction as the offense for which
  the order is sought if the other offense:
               (1)  satisfies the requirements for issuance of an
  order of nondisclosure of criminal history record information under
  this section or another provision of this subchapter; or
               (2)  has not resulted in a conviction or a dismissal and
  discharge under Article 42A.111, Code of Criminal Procedure, and is
  no longer pending.
         SECTION 4.  The heading to Section 411.0735, Government
  Code, is amended to read as follows:
         Sec. 411.0735.  PROCEDURE FOR CONVICTION; CERTAIN
  MISDEMEANORS AND STATE JAIL FELONIES.
         SECTION 5.  Section 411.0735, Government Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (e) to read
  as follows:
         (a)  This section applies only to a person who:
               (1)  is convicted of:
                     (A)  a misdemeanor other than a misdemeanor under
  Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
  49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
                     (B)  a state jail felony other than a state jail
  felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal
  Code; and
               (2)  is not eligible for an order of nondisclosure of
  criminal history record information under Section 411.073.
         (d)  A person may petition the court that imposed the
  sentence for an order of nondisclosure of criminal history record
  information under this section only on or after:
               (1)  the date of completion of the person's sentence, if
  the offense of which the person was convicted was a misdemeanor
  punishable by fine only; [or]
               (2)  the first [second] anniversary of the date of
  completion of the person's sentence, if the offense of which the
  person was convicted was a misdemeanor other than a misdemeanor
  described by Subdivision (1) or (3)(A); or
               (3)  the second anniversary of the date of completion
  of the person's sentence, if the offense of which the person was
  convicted was:
                     (A)  a misdemeanor under Chapter 20, 21, 22, 25,
  42, 43, or 46, Penal Code; or
                     (B)  a state jail felony.
         (e)  A court that issues an order of nondisclosure of
  criminal history record information may include in the order any
  offense arising out of the same transaction as the offense for which
  the order is sought if the other offense:
               (1)  satisfies the requirements for issuance of an
  order of nondisclosure of criminal history record information under
  this section or another provision of this subchapter; or
               (2)  has not resulted in a conviction or a dismissal and
  discharge under Article 42A.111, Code of Criminal Procedure, and is
  no longer pending.
         SECTION 6.  Subchapter E-1, Chapter 411, Government Code, is
  amended by adding Section 411.0738 to read as follows:
         Sec. 411.0738.  PROCEDURE FOR MORE THAN ONE CONVICTION.
  (a)  This section applies only to a person who:
               (1)  has more than one conviction for an offense that is
  a misdemeanor or state jail felony other than:
                     (A)  a misdemeanor under Section 106.041,
  Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065,
  Penal Code, or Chapter 71, Penal Code; or
                     (B)  a state jail felony under Chapter 19, 20, 21,
  22, 25, 42, 43, 46, 49, or 71, Penal Code; and
               (2)  is not eligible for an order of nondisclosure of
  criminal history record information under Section 411.073 or
  411.0735.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) who has
  completed each sentence imposed, including any term of confinement
  or period of community supervision imposed and payment of all
  fines, costs, and restitution imposed, may petition any court that
  imposed at least one of those sentences for an order of
  nondisclosure of criminal history record information under this
  section if the person satisfies the requirements of this section
  and Section 411.074.
         (c)  Except as provided by Subsection (d), after notice to
  the state, an opportunity for a hearing, and a determination that
  the person is entitled to file the petition and issuance of the
  order is in the best interest of justice, the court shall issue an
  order prohibiting criminal justice agencies from disclosing to the
  public criminal history record information related to the offenses
  for which the person was convicted.
         (d)  A court may issue an order of nondisclosure of criminal
  history record information under this section for a misdemeanor
  under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code, other than a
  misdemeanor under Section 22.01 of that code, only if the person:
               (1)  was placed on community supervision for the
  offense; and
               (2)  completed the period of community supervision
  imposed for the offense.
         (e)  A person may petition a court described by Subsection
  (b) for an order of nondisclosure of criminal history record
  information under this section only on or after:
               (1)  the third anniversary of the date of the
  completion of all sentences imposed if the most serious offense for
  which the order is sought is a misdemeanor;
               (2)  the fourth anniversary of the date of the
  completion of all sentences imposed if:
                     (A)  the most serious offense for which the order
  is sought is a state jail felony; and
                     (B)  the person's last sentence included a period
  of community supervision that the person completed; or
               (3)  if neither Subdivision (1) nor (2) applies, the
  fifth anniversary of the date of the completion of all sentences
  imposed.
         SECTION 7.  This Act takes effect September 1, 2023.