Bill Text: TX HB2300 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
88R10069 JRR-F | ||
By: Allen | H.B. No. 2300 |
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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 [ |
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(2) the first [ |
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and dismissal, if the offense for which the person was placed on | ||
deferred adjudication was a state jail felony [ |
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(3) the second [ |
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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 [ |
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(A) Section 106.041, Alcoholic Beverage Code; or | ||
(B) [ |
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49.065, 49.07, or 49.08, Penal Code[ |
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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[ |
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[ |
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Section 411.074[ |
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[ |
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(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 [ |
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(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 | ||
[ |
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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 [ |
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than an offense [ |
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(A) Section 106.041, Alcoholic Beverage Code; or | ||
(B) [ |
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49.065, 49.07, or 49.08, Penal Code[ |
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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[ |
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[ |
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Section 411.074[ |
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[ |
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(c) After [ |
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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; [ |
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(2) the first [ |
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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. Section 411.0735(c-1), Government Code, is | ||
repealed. | ||
SECTION 7. This Act takes effect September 1, 2023. |