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A BILL TO BE ENTITLED
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AN ACT
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relating to automatic orders of nondisclosure of criminal history |
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record information for certain misdemeanor defendants following |
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successful completion of a period of deferred adjudication |
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community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 66.102(e), Code of Criminal Procedure, |
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is amended to read as follows: |
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(e) Information in the computerized criminal history system |
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relating to the disposition of a case other than a rejected case |
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must include: |
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(1) the final pleading to each charged offense and the |
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level of the offense; |
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(2) a listing of each charged offense disposed of by |
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the court and: |
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(A) the date of disposition; |
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(B) the offense code for the disposed charge and |
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incident number; and |
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(C) the type of disposition; [and] |
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(3) for a case in which the judge placed the defendant |
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on deferred adjudication community supervision, whether an |
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affirmative finding under Article 42A.105(f) or former Section |
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5(k), Article 42.12, was filed in the papers of the case; and |
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(4) for a conviction that is appealed, the final court |
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decision and the final disposition of the offender's case on |
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appeal. |
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SECTION 2. Section 411.0716, Government Code, is amended to |
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read as follows: |
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Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. [(a)] Except |
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as provided by Section 411.072 [Subsection (b)], this subchapter |
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applies to the issuance of an order of nondisclosure of criminal |
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history record information for an offense committed before, on, or |
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after September 1, 2017. |
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[(b) Section 411.072 applies only to a person described by |
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Subsection (a) of that section who receives a discharge and |
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dismissal under Article 42A.111, Code of Criminal Procedure, on or |
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after September 1, 2017.] |
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SECTION 3. Section 411.072, Government Code, is amended to |
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read as follows: |
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Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING |
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COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY |
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SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) A person is |
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entitled to an order of nondisclosure of criminal history record |
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information under this [This] section if [applies only to a person |
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who]: |
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(1) the person was placed on deferred adjudication |
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community supervision under Subchapter C, Chapter 42A, Code of |
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Criminal Procedure, for a misdemeanor other than a misdemeanor: |
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(A) under: |
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(i) Section 49.04 or 49.06, Penal Code; or |
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(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or |
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71, Penal Code; or |
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(B) with respect to which an affirmative finding |
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under Article 42A.105(f), Code of Criminal Procedure, or former |
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Section 5(k), Article 42.12, Code of Criminal Procedure, was filed |
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in the papers of the case; [and] |
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(2) the person received a dismissal and discharge |
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under Article 42A.111, Code of Criminal Procedure, on or after |
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January 1, 1993, for the offense described by Subdivision (1); |
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(3) at least 180 days have elapsed from the date the |
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person was placed on deferred adjudication community supervision |
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for the offense described by Subdivision (1); |
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(4) the person satisfies the requirements of Section |
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411.074; |
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(5) the person has never been previously convicted of |
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or placed on deferred adjudication community supervision for |
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another offense other than a traffic offense that is punishable by |
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fine only; and |
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(6) the person has not received an order of |
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nondisclosure of criminal history record information under this |
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section. |
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(b) Not later than the 15th day of each month, the |
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department shall: |
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(1) electronically review the records in the |
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department's computerized criminal history system and, based on the |
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relevant information present in the system, identify each person |
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who satisfies the requirements of Subsection (a) and received the |
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dismissal and discharge described by Subsection (a)(2) on or after |
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January 1, 2028; and |
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(2) provide notice and a list to the clerk of the |
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applicable court that placed each person identified under |
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Subdivision (1) on deferred adjudication community supervision |
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indicating that each person may be entitled to an order of |
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nondisclosure of criminal history record information under this |
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section. |
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(c) For purposes of electronically identifying persons |
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under Subsection (b)(1), if the computerized criminal history |
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system records do not indicate whether a person received a |
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dismissal and discharge, the person is considered to satisfy the |
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requirements of Subsection (a)(2) if: |
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(1) the applicable records do not contain an order |
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revoking the person's deferred adjudication community supervision; |
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and |
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(2) the date on which the period of deferred |
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adjudication community supervision imposed in the person's case |
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expires has elapsed. |
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(d) Notwithstanding any other provision of this subchapter |
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or Subchapter F, if a [person described by Subsection (a) receives a |
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discharge and dismissal under Article 42A.111, Code of Criminal |
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Procedure, and satisfies the requirements of Section 411.074, the] |
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court that placed a [the] person on deferred adjudication community |
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supervision receives notice from the department under Subsection |
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(b) or (e) applicable to the person, the court shall, not later than |
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the 15th business day after the receipt of the notice, issue an |
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order of nondisclosure of criminal history record information under |
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this subchapter prohibiting criminal justice agencies from |
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disclosing to the public criminal history record information |
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related to the offense giving rise to the deferred adjudication |
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community supervision. [The court shall determine whether the |
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person satisfies the requirements of Section 411.074, and if the |
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court makes a finding that the requirements of that section are |
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satisfied, the court shall issue the order of nondisclosure of |
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criminal history record information: |
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[(1) at the time the court discharges and dismisses |
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the proceedings against the person, if the discharge and dismissal |
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occurs on or after the 180th day after the date the court placed the |
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person on deferred adjudication community supervision; or |
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[(2) as soon as practicable on or after the 180th day |
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after the date the court placed the person on deferred adjudication |
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community supervision, if the discharge and dismissal occurred |
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before that date.] |
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(e) A person who received a dismissal and discharge under |
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Article 42A.111, Code of Criminal Procedure, on or after January 1, |
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1993, may make a request to the department for a determination as to |
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whether the person satisfies the requirements of Subsection (a). |
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The department shall make a determination requested under this |
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subsection based on the relevant information present in the |
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computerized criminal history system and notify the person of the |
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result of that determination. If the department determines the |
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person satisfies the requirements of Subsection (a), the department |
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shall electronically notify the clerk of the court that placed the |
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person on deferred adjudication community supervision that |
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[(c) The person shall present to the court any evidence necessary |
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to establish that] the person is entitled to [eligible to receive] |
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an order of nondisclosure of criminal history record information |
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under this section. The department shall prescribe and make |
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publicly available on the department's Internet website the manner |
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in which a person may request a determination under this |
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subsection. |
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(f) In addition to the procedures provided by Subsections |
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(b) and (e), a person may present to the court that placed the |
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person on deferred adjudication community supervision any evidence |
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necessary to establish that the person is entitled to an order of |
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nondisclosure of criminal history record information under this |
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section. The court shall prescribe the manner in which the person |
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may present the evidence to the court under this subsection. The |
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court shall determine whether the person satisfies the requirements |
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of Subsection (a), and if the court makes a finding that the |
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requirements of that subsection are satisfied, the court shall |
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issue an order of nondisclosure of criminal history record |
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information under this subchapter prohibiting criminal justice |
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agencies from disclosing to the public criminal history record |
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information related to the offense giving rise to the deferred |
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adjudication community supervision. |
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(g) Notwithstanding any other law, a [The] person who is |
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entitled to an order of nondisclosure of criminal history record |
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information under this section may not be required to [must] pay any |
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[a $28] fee relating to the issuance of [to the clerk of the court |
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before the court issues] the order. |
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(h) [(d)] A person who is not entitled [eligible] to receive |
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an order of nondisclosure of criminal history record information |
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under this section solely because an affirmative finding under |
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Article 42A.105(f), Code of Criminal Procedure, or former Section |
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5(k), Article 42.12, Code of Criminal Procedure, was filed in the |
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papers of the case may file a petition for an order of nondisclosure |
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of criminal history record information under Section 411.0725 if |
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the person otherwise satisfies the requirements of that section. |
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SECTION 4. Section 411.0725(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to a person placed on deferred |
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adjudication community supervision under Subchapter C, Chapter |
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42A, Code of Criminal Procedure, who: |
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(1) is not entitled [eligible] to receive an order of |
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nondisclosure of criminal history record information under Section |
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411.072; and |
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(2) was placed on deferred adjudication community |
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supervision for an offense other than an offense under Section |
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49.04 or 49.06, Penal Code. |
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SECTION 5. This Act takes effect January 1, 2028. |