Bill Text: TX HB1404 | 2017-2018 | 85th Legislature | Engrossed


Bill Title: Relating to the eligibility of a criminal defendant for an order of nondisclosure of criminal history record information.

Spectrum: Moderate Partisan Bill (Democrat 17-2)

Status: (Engrossed - Dead) 2017-05-05 - Received from the House [HB1404 Detail]

Download: Texas-2017-HB1404-Engrossed.html
  85R22755 JRR-D
 
  By: Allen, Guillen, White, et al. H.B. No. 1404
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of a criminal defendant for an order of
  nondisclosure of criminal history record information.
         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 411.0716 to read as follows:
         Sec. 411.0716.  APPLICABILITY OF SUBCHAPTER. (a) Except as
  provided by Subsection (b), this subchapter applies to the issuance
  of an order of nondisclosure of criminal history record information
  for an offense committed before, on, or after September 1, 2017.
         (b)  Section 411.072 applies only to a person described by
  Subsection (a) of that section who receives a discharge and
  dismissal under Article 42A.111, Code of Criminal Procedure, on or
  after September 1, 2017.
         SECTION 2.  Section 411.0735, Government Code, is amended to
  read as follows:
         Sec. 411.0735.  PROCEDURE FOR CONVICTION [AND CONFINEMENT];
  CERTAIN MISDEMEANORS. (a) This section applies only to a person
  who:
               (1)  is convicted of a misdemeanor other than a
  misdemeanor under Section 106.041, Alcoholic Beverage Code,
  Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71,
  Penal Code; and
               (2)  [is sentenced to and serves a period of
  confinement; and
               [(3)]  is not eligible for an order of nondisclosure of
  criminal history record information under Section 411.073.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) who completes
  the person's sentence [period of confinement and is released] may
  petition the court that imposed the sentence for an order of
  nondisclosure of criminal history record information under this
  section if the person:
               (1)  satisfies the requirements of this section and
  Section 411.074; and
               (2)  has never been previously convicted of or placed
  on deferred adjudication community supervision for another offense
  other than a traffic [an] offense that is [under the Transportation
  Code] punishable by fine only.
         (c)  After notice to the state, an opportunity for a hearing,
  and a determination that the person is entitled to file the petition
  and issuance of the order is in the best interest of justice, the
  court shall issue an order prohibiting criminal justice agencies
  from disclosing to the public criminal history record information
  related to the offense for which the person was convicted [giving
  rise to the confinement].
         (d)  A person may petition the court that imposed the
  sentence for an order of nondisclosure of criminal history record
  information under this section only on or after the second
  anniversary of the date of completion of the person's sentence
  [period of confinement].
         SECTION 3.  Section 411.074, Government Code, is amended to
  read as follows:
         Sec. 411.074.  REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF
  NONDISCLOSURE. (a) A person may be granted an order of
  nondisclosure of criminal history record information under this
  subchapter and, when applicable, is entitled to petition the court
  to receive an order under this subchapter only if, during the period
  after the court pronounced the sentence or placed the person on
  community supervision, including deferred adjudication community
  supervision, for the offense for which the order of nondisclosure
  is requested, and during any applicable waiting period that this
  subchapter requires for the person after completion of the person's 
  sentence or community supervision, including deferred adjudication
  community supervision [required by this subchapter], the person is
  not convicted of or placed on deferred adjudication community
  supervision [under Subchapter C, Chapter 42A, Code of Criminal
  Procedure,] for any offense other than a traffic [an] offense that
  is [under the Transportation Code] punishable by fine only.
         (b)  A person may not be granted an order of nondisclosure of
  criminal history record information under this subchapter and is
  not entitled to petition the court for an order under this
  subchapter if:
               (1)  the person requests the order of nondisclosure 
  [was convicted or placed on deferred adjudication community
  supervision] for, or the person has been previously convicted of or
  placed on [any other] deferred adjudication community supervision 
  for:
                     (A)  an offense requiring registration as a sex
  offender under Chapter 62, Code of Criminal Procedure;
                     (B)  an offense under Section 20.04, Penal Code,
  regardless of whether the offense is a reportable conviction or
  adjudication for purposes of Chapter 62, Code of Criminal
  Procedure;
                     (C)  an offense under Section 19.02, 19.03,
  20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
  Code; or
                     (D)  any other offense involving family violence,
  as defined by Section 71.004, Family Code; or
               (2)  the court makes an affirmative finding that the
  offense for which the order of nondisclosure [of criminal history
  record information] is requested involved family violence, as
  defined by Section 71.004, Family Code.
         SECTION 4.  Section 32, Chapter 1279 (S.B. 1902), Acts of the
  84th Legislature, Regular Session, 2015, is repealed.
         SECTION 5.  This Act takes effect September 1, 2017.
feedback