BILL ANALYSIS

C.S.H.B. 4515

By: Cook

Corrections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

An order of nondisclosure seals a person's criminal record from the general public but provides for public safety guardrails whereby records that are otherwise sealed are still available to law enforcement agencies as well as financial, health care, and educational institutions. The bill author has informed the committee that a criminal record can create a significant barrier to accessing stable employment and secure housing but that the sealing of older criminal records can reduce these barriers, and ultimately reduce the rate of recidivism. C.S.H.B. 4515 seeks to extend eligibility for an order of nondisclosure to a person who is convicted of a state jail felony offense of possession of marihuana who otherwise meets the conditions of eligibility.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4515 amends the Government Code to authorize a person who is placed on community supervision or has completed their sentence following a conviction of a state jail felony offense of possession of marihuana and otherwise meets the requisite conditions of eligibility to petition the court for an order of nondisclosure of criminal history record information on or after the fifth anniversary of the date of completion of the community supervision or the person's sentence, as applicable.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4515 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute revises provisions of the introduced authorizing a person who is placed on community supervision or has completed their sentence following a conviction of certain state jail felonies to petition the court for an order of nondisclosure of criminal record history information, as follows:

· changes the state jail felony offenses to which the authorization applies from any offense under the Texas Controlled Substances Act, other than an offense involving a controlled substance under Penalty Group 1-B, under statutory provisions governing simulated controlled substances, or under the Texas Dangerous Drug Act, as in the introduced, to possession of marihuana; and

· changes the earliest date on which the person may petition the court for an order of nondisclosure with respect to possession of marihuana from the third anniversary of the date of completion of the community supervision or the person's sentence, as in the introduced, to the fifth anniversary of that date.

The substitute does not include provisions of the introduced that authorized a court that issues an order of nondisclosure of criminal history record information for a person who is placed on community supervision or has completed their sentence to include in the order any offense arising out of the same criminal transaction as the offense for which the order is sought if the other offense satisfies certain conditions.

The introduced changed from the second anniversary of the date of completion of a person's sentence to the first anniversary of that date the earliest date on which a person may petition a court for an order of nondisclosure with respect to a misdemeanor offense other than the following offenses:

· unlawful restraint, and smuggling of persons offenses;

· sexual offenses;

· assaultive offenses;

· offenses against the family;

· disorderly conduct and related offenses;

· public indecency offenses; and

· prohibited weapons offenses.

However, the substitute does not include this change.

The introduced changed from the fifth anniversary of the date of a discharge and dismissal to the third anniversary of that date the earliest date on which a person may petition a court for an order of nondisclosure with respect to a state jail felony offense other than such offenses or criminal homicide offenses, whereas the substitute does not include this change.

The introduced provided for a person who has more than one conviction for the following offenses and is not eligible for an order of nondisclosure because the convictions arose out of separate criminal transactions, subject to certain conditions, to obtain an order of nondisclosure for each of these convictions on or after the seventh anniversary of the date of completion of all sentences imposed:

· a misdemeanor offense other than certain intoxication and alcoholic beverage offenses; or

· a state jail felony offense under the Texas Controlled Substances Act, other than an offense involving a controlled substance under Penalty Group 1-B, under statutory provisions governing simulated controlled substances, or under the Texas Dangerous Drug Act.

However, the substitute does not include those provisions.