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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. 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 STATE JAIL |
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FELONIES. |
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SECTION 2. Sections 411.073(a) and (d), Government Code, |
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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: |
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(A) a misdemeanor other than a misdemeanor under |
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Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05, |
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49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or |
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(B) a state jail felony under Section 481.121, |
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Health and Safety Code; and |
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(2) under a provision of Chapter 42A, Code of Criminal |
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Procedure, other than Subchapter C of that chapter, 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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(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 by |
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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 misdemeanor under Chapter |
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20, 21, 22, 25, 42, 43, or 46, Penal Code; or |
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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 state jail felony. |
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SECTION 3. 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 STATE JAIL FELONIES. |
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SECTION 4. Sections 411.0735(a) and (d), Government Code, |
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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: |
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(A) a misdemeanor other than a misdemeanor under |
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Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05, |
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49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or |
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(B) a state jail felony under Section 481.121, |
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Health and Safety Code; 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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(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 second 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 misdemeanor other than a misdemeanor described by |
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Subdivision (1); or |
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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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SECTION 5. This Act takes effect September 1, 2025. |