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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. Section 411.0725(e), Government Code, is amended |
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to read as follows: |
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(e) A person may petition the court that placed the person |
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on deferred adjudication community supervision for an order of |
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nondisclosure of criminal history record information under this |
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section only on or after: |
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(1) the discharge and dismissal, if the offense for |
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which the person was placed on deferred adjudication was a |
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misdemeanor other than a misdemeanor described by Subdivision (2); |
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(2) the second anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a misdemeanor under Chapter 20, 21, 22, |
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25, 42, 43, or 46, Penal Code; |
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(3) the third anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a state jail felony other than a state |
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jail felony under Chapter 19, 20, 21, 22, 25, 42, 43, or 46, Penal |
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Code; or |
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(4) [(3)] the fifth anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a felony other than a state jail felony |
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described by Subdivision (3). |
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SECTION 2. 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 3. Section 411.073, Government Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (e) to read |
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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: |
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(i) under Chapter 481, Health and Safety |
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Code, other than a state jail felony involving a controlled |
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substance listed in Penalty Group 1-B under Section 481.1022 of |
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that code; or |
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(ii) under Chapter 482 or 483, Health and |
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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.; |
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(3) the third 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 other than a |
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state jail felony described by Subdivision (4); or |
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(4) 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 under |
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Section 481.112, 481.1121, 481.113, 481.114, 481.124, 481.120, |
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481.119, 481.125, 482.002, 483.042, or 483.043, Health and Safety |
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Code. |
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(e) A court that issues an order of nondisclosure of |
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criminal history record information may include in the order any |
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offense arising out of the same criminal transaction as the offense |
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for which the order is sought if the other offense: |
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(1) satisfies the requirements for issuance of an |
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order of nondisclosure of criminal history record information under |
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this section or another provision of this subchapter; or |
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(2) has not resulted in a final conviction and is no |
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longer pending. |
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SECTION 4. 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 5. Section 411.0735, Government Code, is amended by |
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amending subsections (a) and (d) and adding Subsection (e) to read |
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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: |
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(i) under Chapter 481, Health and Safety |
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Code, other than a state jail felony involving a controlled |
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substance listed in Penalty Group 1-B under Section 481.1022 of |
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that code; or |
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(ii) under Chapter 482 or 483, Health and |
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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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(c-1) A court may not issue an order of nondisclosure of |
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criminal history record information under this section if the court |
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determines that the offense for which the order is sought, other |
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than an offense under Section 22.01, Penal Code, was violent or |
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sexual in nature. |
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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 first[second] anniversary of the date of |
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completion of the person's sentence, if the offense of which the |
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person was convicted was a misdemeanor other than a misdemeanor |
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described by Subdivision (1) or (3); |
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(3) 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 under Chapter 20, 21, 22, 25, 42, 43, or |
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46, Penal Code; or |
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(4) the third 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 other than a state jail felony |
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described by Subdivision (5); or |
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(5) 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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convicted was a state jail felony under Section 481.112, 481.1121, |
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481.113, 481.114, 481.124, 481.120, 481.119, 481.125, 482.002, |
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483.042, or 483.043, Health and Safety Code. |
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(e) A court that issues an order of nondisclosure of |
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criminal history record information may include in the order any |
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offense arising out of the same transaction as the offense for which |
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the order is sought if the other offense: |
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(1) satisfies the requirements for issuance of an |
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order of nondisclosure of criminal history record information under |
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this section or another provision of this subchapter; or |
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(2) has not resulted in a final conviction and is no |
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longer pending. |
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SECTION 6. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Section 411.0738 to read as follows: |
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Sec. 411.0738. PROCEDURE FOR MORE THAN ONE CONVICTION; |
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SEPARATE CRIMINAL TRANSACTIONS. |
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(a) This section applies only to a person who: |
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(1) has more than one conviction for an offense that |
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is: |
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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: |
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(i) under Chapter 481, Health and Safety |
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Code, other than a state jail felony involving a controlled |
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substance listed in Penalty Group 1-B under Section 481.1022 of |
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that code; or |
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(ii) under Chapter 482 or 483, Health and |
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Safety Code; |
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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 or |
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411.0735 because the applicable convictions arose out of separate |
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criminal transactions; and |
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(3) has not previously been issued an order of |
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nondisclosure of criminal history record information under this |
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section, Section 411.073, or Section 411.0735. |
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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) who has |
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completed each sentence imposed for the applicable convictions, |
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including any term of confinement or period of community |
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supervision imposed and payment of all fines, costs, and |
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restitution imposed, may obtain an order of nondisclosure of |
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criminal history record information for each of those convictions, |
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if the person: |
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(1) petitions each court that imposed a sentence based |
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on a conviction for which the order is sought and indicates in the |
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petition that an order is being sought with respect to multiple |
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convictions; |
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(2) petitions a district court in the manner described |
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by Subsection (c); and |
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(3) satisfies the requirements of this section and the |
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required condition specified by Section 411.074(b). |
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(c) A person who seeks an order of nondisclosure of criminal |
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history record information with respect to multiple convictions as |
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permitted by this section must file a petition for that order as |
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required by Subsection (b)(2) in a district court in the county |
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where the person was most recently convicted of an offense for which |
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the person seeks the order of nondisclosure under this section. The |
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petition must list each conviction for which the order of |
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nondisclosure is sought, identify the court of conviction, and |
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request the district court to consolidate each petition filed in a |
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court of conviction under Subsection (b)(1). On receipt of a |
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request for consolidation, the district court shall consolidate the |
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petitions and exercise jurisdiction over the petitions, regardless |
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of the county in which the offenses described by Subsection (a)(1) |
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occurred. For each offense that is the subject of a consolidated |
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petition and that occurred in a county other than the county in |
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which the district court consolidating the petitions is located, |
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the clerk of the court shall promptly serve a copy of the |
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consolidated petition and any supporting document related to the |
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applicable offense on the appropriate office of the attorney |
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representing the state on behalf of the other county. An attorney |
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representing the state who receives a copy of the consolidated |
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petition under this subsection may request a hearing in accordance |
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with Section 411.0745(e). |
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(d) Except as provided by Subsection (e), 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 information related to the offenses for |
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which the person was convicted. |
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(e) A district court may issue an order of nondisclosure of |
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criminal history record information under this section for a |
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misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code, |
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other than a misdemeanor under section 22.01 of that code, only if |
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the person: |
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(1) was placed on community supervision for the |
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offense; and |
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(2) completed the period of supervision imposed for |
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the offense. |
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(f) A district court may issue an order of nondisclosure |
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under this section for all offenses and convictions arising out of |
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not more than three separate criminal transactions if: |
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(1) all offenses for which the order of nondisclosure |
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is sought were committed within a single five-year period; and |
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(2) each offense in those transactions: |
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(A) satisfies the requirements for an issuance of |
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an order of nondisclosure under this section or another provision |
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of this subchapter; or |
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(B) has not resulted in a conviction and is no |
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longer pending. |
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(g) A person may petition the courts as described by |
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Subsection (b) for an order of nondisclosure of criminal history |
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record information under this section only on or after the seventh |
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anniversary of date of completion of all sentences imposed. |
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SECTION 7. This Act takes effect September 1, 2025. |