Bill Text: TX HB2300 | 2023-2024 | 88th Legislature | Engrossed


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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2023-05-15 - Referred to State Affairs [HB2300 Detail]

Download: Texas-2023-HB2300-Engrossed.html
 
 
  By: Allen H.B. No. 2300
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of certain criminal defendants for an
  order of nondisclosure of criminal history record information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.0725(e), Government Code, is amended
  to read as follows:
         (e)  A person may petition the court that placed the person
  on deferred adjudication community supervision for an order of
  nondisclosure of criminal history record information under this
  section only on or after:
               (1)  the discharge and dismissal, if the offense for
  which the person was placed on deferred adjudication was a
  misdemeanor [other than a misdemeanor described by Subdivision
  (2)];
               (2)  the first [second] anniversary of the discharge
  and dismissal, if the offense for which the person was placed on
  deferred adjudication was a state jail felony [misdemeanor under
  Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code]; or
               (3)  the second [fifth] anniversary of the discharge
  and dismissal, if the offense for which the person was placed on
  deferred adjudication was a felony other than a state jail felony.
         SECTION 2.  The heading to Section 411.073, Government Code,
  is amended to read as follows:
         Sec. 411.073.  PROCEDURE FOR COMMUNITY SUPERVISION
  FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND FELONIES.
         SECTION 3.  Sections 411.073(a), (b), and (d), Government
  Code, are amended to read as follows:
         (a)  This section applies only to a person placed on
  community supervision under Chapter 42A, Code of Criminal
  Procedure:
               (1)  following a conviction of an offense [a
  misdemeanor] other than an offense [a misdemeanor] under:
                     (A)  Section 106.041, Alcoholic Beverage Code; or
                     (B)  [,] Section 49.04, 49.045, 49.05, 49.06, [or]
  49.065, 49.07, or 49.08, Penal Code[, or Chapter 71, Penal Code];
  and
               (2)  under a provision of Chapter 42A, Code of Criminal
  Procedure, other than Subchapter C, including:
                     (A)  a provision that requires the person to serve
  a term of confinement as a condition of community supervision; or
                     (B)  another provision that authorizes placing a
  person on community supervision after the person has served part of
  a term of confinement imposed for the offense.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) whose
  community supervision is not revoked and who completes the period
  of community supervision, including any term of confinement imposed
  and payment of all fines, costs, and restitution imposed, may
  petition the court that placed the person on community supervision
  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 offense that is punishable by fine only].
         (d)  A person may petition the court that placed the person
  on community supervision for an order of nondisclosure of criminal
  history record information under this section only on or after:
               (1)  the completion of the community supervision, if
  the offense for which the person was placed on community
  supervision was a misdemeanor [other than a misdemeanor described
  by Subdivision (2)]; [or]
               (2)  the second anniversary of the date of completion
  of the community supervision, if the offense for which the person
  was placed on community supervision was a state jail felony;
               (3)  the fifth anniversary of the date of completion of
  the community supervision, if the offense for which the person was
  placed on community supervision was a felony of the third degree;
               (4)  the seventh anniversary of the date of completion
  of the community supervision, if the offense for which the person
  was placed on community supervision was a felony of the second
  degree; or
               (5)  the 10th anniversary of the date of completion of
  the community supervision, if the offense for which the person was
  placed on community supervision was a felony of the first degree
  [misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal
  Code].
         SECTION 4.  The heading to Section 411.0735, Government
  Code, is amended to read as follows:
         Sec. 411.0735.  PROCEDURE FOR CONVICTION; CERTAIN
  MISDEMEANORS AND FELONIES.
         SECTION 5.  Sections 411.0735(a), (b), (c), and (d),
  Government Code, are amended to read as follows:
         (a)  This section applies only to a person who:
               (1)  is convicted of an offense [a misdemeanor] other
  than an offense [a misdemeanor] under:
                     (A)  Section 106.041, Alcoholic Beverage Code; or
                     (B)  [,] Section 49.04, 49.045, 49.05, 49.06, [or]
  49.065, 49.07, or 49.08, Penal Code[, or Chapter 71, Penal Code];
  and
               (2)  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, including any term of confinement imposed
  and payment of all fines, costs, and restitution imposed, 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 offense that is punishable by fine only].
         (c)  After [Except as provided by Subsection (c-1), 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.
         (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:
               (1)  the date of completion of the person's sentence, if
  the offense of which the person was convicted was a misdemeanor
  punishable by fine only; [or]
               (2)  the first [second] anniversary of the date of
  completion of the person's sentence, if the offense of which the
  person was convicted was a misdemeanor other than a misdemeanor
  described by Subdivision (1);
               (3)  the fifth anniversary of the date of completion of
  the person's sentence, if the offense of which the person was
  convicted was a state jail felony;
               (4)  the seventh anniversary of the date of completion
  of the person's sentence, if the offense of which the person was
  convicted was a felony of the third degree;
               (5)  the 10th anniversary of the date of completion of
  the person's sentence, if the offense of which the person was
  convicted was a felony of the second degree; or
               (6)  the 12th anniversary of the date of completion of
  the person's sentence, if the offense of which the person was
  convicted was a felony of the first degree.
         SECTION 6.  This Act takes effect September 1, 2023.
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