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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for an order of nondisclosure of |
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criminal history record information of a criminal defendant who has |
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successfully completed a specialty court program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 126.004(d), Government Code, is amended |
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to read as follows: |
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(d) A program established under this chapter shall provide |
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each program participant with information related to the right to |
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petition for an order of nondisclosure of criminal history record |
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information under Section 411.0727 or 411.0728. |
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SECTION 2. Section 411.0727, Government Code, is amended to |
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read as follows: |
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Sec. 411.0727. PROCEDURE FOLLOWING SUCCESSFUL COMPLETION |
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OF SPECIALTY [VETERANS TREATMENT] COURT PROGRAM. (a) This section |
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applies only to a person who successfully completes a specialty |
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[veterans treatment] court program under Subtitle K, Title 2, |
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[Chapter 124] or former law. |
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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) is entitled to |
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file with the court that placed the person in the specialty |
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[veterans treatment] court program a petition 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; |
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(2) has never been previously convicted of an offense |
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listed in Article 42A.054(a), Code of Criminal Procedure, or a |
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sexually violent offense, as defined by Article 62.001, Code of |
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Criminal Procedure; and |
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(3) is not convicted of any felony offense between the |
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date on which the person successfully completed the program and the |
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second anniversary of that date. |
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(c) Regardless of whether the person was convicted of or |
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placed on deferred adjudication community supervision for the |
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offense for which the person entered the specialty [veterans |
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treatment] court program or whether the case against the person was |
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dismissed following successful completion of the applicable |
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specialty court program [under Section 124.001(b)], after notice to |
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the state, an opportunity for a hearing, and a determination that |
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the person is entitled to file the petition and issuance of the |
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order is in the best interest of justice, the court shall issue an |
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order prohibiting criminal justice agencies from disclosing to the |
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public criminal history record information related to the offense |
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for which the person entered the specialty [veterans treatment] |
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court program. |
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(d) A person may file with the court that placed the person |
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in the specialty [veterans treatment] court program a petition for |
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an order of nondisclosure of criminal history record information |
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under this section only on or after the second anniversary of the |
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date the person successfully completed the program. |
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(e) A person is not entitled to petition the court for an |
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order of nondisclosure of criminal history record information under |
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this section if the person's entry into the specialty [veterans |
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treatment] court program arose as the result of a conviction of an |
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offense involving the operation of a motor vehicle while |
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intoxicated. |
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SECTION 3. Sections 123.001(b) and (c), Government Code, |
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are repealed. |
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SECTION 4. This Act takes effect September 1, 2025. |