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) 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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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