Bill Text: TX HB1394 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants.
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Engrossed - Dead) 2021-05-14 - Referred to Jurisprudence [HB1394 Detail]
Download: Texas-2021-HB1394-Engrossed.html
87R3210 JRR-D | ||
By: White, Collier, Canales, et al. | H.B. No. 1394 |
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relating to automatic orders of nondisclosure of criminal history | ||
record information for certain misdemeanor 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 411.0719 to read as follows: | ||
Sec. 411.0719. AUTOMATIC ORDER OF NONDISCLOSURE FOR CERTAIN | ||
MISDEMEANORS. (a) This section applies only to a person who: | ||
(1) was convicted of or placed on deferred | ||
adjudication community supervision under Subchapter C, Chapter | ||
42A, Code of Criminal Procedure, for a misdemeanor other than: | ||
(A) a traffic offense that is punishable by fine | ||
only; or | ||
(B) a misdemeanor under Section 106.041, | ||
Alcoholic Beverage Code, or Section 49.04, 49.05, 49.06, or 49.065, | ||
Penal Code; | ||
(2) 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, for the | ||
offense described by Subdivision (1) or who has received a | ||
discharge and dismissal under Article 42A.111, Code of Criminal | ||
Procedure, for the offense described by Subdivision (1), as | ||
applicable; and | ||
(3) 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) Notwithstanding any other provision of this subchapter | ||
or Subchapter F, if a person described by Subsection (a) satisfies | ||
the requirements of Section 411.074, the court that convicted the | ||
person or placed the person on deferred adjudication community | ||
supervision shall 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 placed on deferred adjudication community | ||
supervision. The court shall determine whether the person | ||
satisfies the requirements of Section 411.074, and if the court | ||
makes a finding that the requirements of that section are | ||
satisfied, the court shall issue the order of nondisclosure of | ||
criminal history record information as soon as practicable after | ||
the seventh anniversary of either of the following, as applicable: | ||
(1) the date of completion of the person's sentence; or | ||
(2) the date of the discharge and dismissal under | ||
Article 42A.111, Code of Criminal Procedure. | ||
SECTION 2. If a person described by Section 411.0719(a), | ||
Government Code, as added by this Act, completed the person's | ||
sentence or received a discharge and dismissal before September 1, | ||
2014, and if the person otherwise satisfies the requirements of | ||
Section 411.0719, Government Code, as added by this Act, the court | ||
that convicted the person or placed the person on deferred | ||
adjudication community supervision shall issue an order of | ||
nondisclosure of criminal history record information under that | ||
section as soon as practicable after the effective date of this Act | ||
but not later than August 31, 2023. | ||
SECTION 3. This Act takes effect September 1, 2021. |