89R14384 JRR-D

By: LaHood H.B. No. 3654

A BILL TO BE ENTITLED

AN ACT

relating to automatic orders of nondisclosure of criminal history record information for certain criminal defendants.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E-1, Chapter 411, Government Code, is amended by adding Section 411.0718 to read as follows:

Sec. 411.0718. PROCEDURE FOR AUTOMATIC ORDER OF NONDISCLOSURE OF CERTAIN NONVIOLENT MISDEMEANORS AND FELONIES. (a) Subject to Subsection (b), a person is entitled to an automatic order of nondisclosure of criminal history record information under this section if:

(1) the person was convicted of or placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, Code of Criminal Procedure, for an offense other than:

(A) an offense punishable as a felony of the first degree;

(B) an offense listed in Article 42A.054(a), Code of Criminal Procedure;

(C) an offense for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure;

(D) an offense under Section 19.04, Penal Code;

(E) an offense under Chapter 21 or 43, Penal Code;

(F) an offense under Chapter 49, Penal Code, other than Section 49.02 or 49.031 of that code; or

(G) a traffic offense that is punishable by fine only;

(2) either:

(A) the person was convicted of the offense described by Subdivision (1) and completed the person's sentence, including any term of confinement or period of community supervision imposed and payment of all fines, costs, and restitution imposed; or

(B) the person was placed on deferred adjudication community supervision for the offense described by Subdivision (1) and received a dismissal and discharge under Article 42A.111, Code of Criminal Procedure, for the offense;

(3) the person satisfies the requirements of Section 411.074;

(4) 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

(5) the person has not previously received an order of nondisclosure of criminal history record information under this subchapter or other law for the offense described by Subdivision (1).

(b) A person described by Subsection (a) becomes entitled to an automatic order of nondisclosure of criminal history record information under this section as follows:

(1) if the offense described by Subsection (a)(1) is a misdemeanor or a felony, other than a felony described by Subdivision (2), the 10th anniversary of, as applicable:

(A) the date of completion of the person's sentence; or

(B) the date of the dismissal and discharge; or

(2) if the offense described by Subsection (a)(1) is a felony of the second degree, the 15th anniversary of, as applicable:

(A) the date of completion of the person's sentence; or

(B) the date of the dismissal and discharge.

(c) Not later than the 15th day of each month, the department shall:

(1) review the records in the department's computerized criminal history system and, based on the relevant information present in the system, identify and compile a list of each person described by Subsection (a); and

(2) for each person identified on the list described by Subdivision (1), provide to the applicable court that convicted the person or placed the person on deferred adjudication community supervision:

(A) notice of the person's entitlement to an order of nondisclosure of criminal history record information under this section; and

(B) a copy of the list described by Subdivision (1).

(d) In identifying persons under Subsection (c)(1), the department shall conduct a national criminal history background check, which must include a search of criminal history record information maintained or indexed by the Federal Bureau of Investigation, for the purpose of identifying any criminal history record information not in the department's computerized criminal history system that would make a person ineligible to receive an automatic order of nondisclosure of criminal history record information under this section.

(e) Notwithstanding any other provision of this subchapter or Subchapter F and except as provided by Subsection (f), if a court that convicted a person or placed a person on deferred adjudication community supervision receives notice from the department under Subsection (c) that the person is entitled to an order of nondisclosure of criminal history record information under this section, the court shall, as soon as practicable after the receipt of the notice, 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 for which the person was convicted or giving rise to the deferred adjudication community supervision.

(f) A court may not issue an order of nondisclosure of criminal history record information under this section if the court determines that the offense for which the order is sought, other than an offense under Section 22.01, Penal Code, was violent or sexual in nature.

(g) A 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 (c) may present to the court that convicted the person or placed the person on deferred adjudication community supervision, as applicable, any evidence necessary to establish that the person is entitled 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 (e) as soon as practicable after making the finding.

(h) Notwithstanding any other law, a person who is entitled to an order of nondisclosure of criminal history record information under this section may not be required to pay any fee relating to the issuance of the order.

SECTION 2. This Act takes effect January 1, 2026.