Bill Text: TX HB3016 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the eligibility of a criminal defendant for an order of nondisclosure of criminal history record information.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3016 Detail]
Download: Texas-2017-HB3016-Introduced.html
Bill Title: Relating to the eligibility of a criminal defendant for an order of nondisclosure of criminal history record information.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3016 Detail]
Download: Texas-2017-HB3016-Introduced.html
85R11069 JRR-D | ||
By: Thompson of Harris | H.B. No. 3016 |
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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. Sections 411.072(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) This section applies only to a person who: | ||
(1) was placed on deferred adjudication community | ||
supervision under Subchapter C [ |
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misdemeanor: | ||
(A) under Chapter 20, 21, 22, 25, 42, 43, 46, or | ||
71, Penal Code; or | ||
(B) with respect to which an affirmative finding | ||
under [ |
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Procedure, was filed in the papers of the case; and | ||
(2) has never been previously convicted of or placed | ||
on deferred adjudication community supervision for another offense | ||
other than a traffic [ |
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that is punishable by fine only. | ||
(b) Notwithstanding any other provision of this subchapter | ||
or Subchapter F, if a person described by Subsection (a) receives a | ||
discharge and dismissal under [ |
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[ |
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of Section 411.074, the court that 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 giving rise to the 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: | ||
(1) at the time the court discharges and dismisses the | ||
proceedings against the person, if the discharge and dismissal | ||
occurs on or after the 180th day after the date the court placed the | ||
person on deferred adjudication community supervision; or | ||
(2) as soon as practicable on or after the 180th day | ||
after the date the court placed the person on deferred adjudication | ||
community supervision, if the discharge and dismissal occurred | ||
before that date. | ||
SECTION 3. 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 STATE JAIL | ||
FELONIES. | ||
SECTION 4. 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 [ |
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Criminal Procedure: | ||
(1) following a conviction of: | ||
(A) a misdemeanor other than a misdemeanor: | ||
(i) under Section 106.041, Alcoholic | ||
Beverage Code, Section [ |
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Code, or Chapter 71, Penal Code; or | ||
(ii) punishable under Section 49.04(d), | ||
Penal Code; or | ||
(B) a state jail felony under Section 481.115, | ||
481.1151, 481.116, 481.1161, or 481.121, Health and Safety Code; | ||
and | ||
(2) under a provision of Chapter 42A [ |
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Code of Criminal Procedure, other than Subchapter C [ |
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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 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 [ |
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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); [ |
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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 misdemeanor under Chapter | ||
20, 21, 22, 25, 42, 43, or 46, Penal Code; or | ||
(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 state jail felony. | ||
SECTION 5. Section 411.0735, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.0735. PROCEDURE FOR CONVICTION [ |
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CERTAIN MISDEMEANORS AND STATE JAIL FELONIES. (a) This section | ||
applies only to a person who: | ||
(1) is convicted of: | ||
(A) a misdemeanor other than a misdemeanor: | ||
(i) under Section 106.041, Alcoholic | ||
Beverage Code, Section [ |
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Code, or Chapter 71, Penal Code; or | ||
(ii) punishable under Section 49.04(d), | ||
Penal Code; or | ||
(B) a state jail felony under Section 481.115, | ||
481.1151, 481.116, 481.1161, or 481.121, Health and Safety Code; | ||
and | ||
(2) [ |
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[ |
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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 [ |
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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 [ |
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(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 [ |
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(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; | ||
(2) the 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); or | ||
(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 [ |
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SECTION 6. 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 for the | ||
person under this subchapter following [ |
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person's sentence or community supervision, including deferred | ||
adjudication community supervision [ |
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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 [ |
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offense that is [ |
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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 of nondisclosure | ||
under this subchapter if: | ||
(1) the person requests the order of nondisclosure | ||
[ |
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placed on [ |
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under Subchapter C, Chapter 42A, Code of Criminal Procedure, 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 [ |
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defined by Section 71.004, Family Code. | ||
SECTION 7. Article 42A.105, Code of Criminal Procedure, is | ||
amended to conform to Chapter 1279 (S.B. 1902), Acts of the 84th | ||
Legislature, Regular Session, 2015, by adding Subsection (f) to | ||
read as follows: | ||
(f) If a judge places on deferred adjudication community | ||
supervision a defendant charged with a misdemeanor other than a | ||
misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal | ||
Code, the judge shall make an affirmative finding of fact and file a | ||
statement of that affirmative finding with the papers in the case if | ||
the judge determines that it is not in the best interest of justice | ||
that the defendant receive an automatic order of nondisclosure | ||
under Section 411.072, Government Code. | ||
SECTION 8. Section 32, Chapter 1279 (S.B. 1902), Acts of the | ||
84th Legislature, Regular Session, 2015, is repealed. | ||
SECTION 9. To the extent of any conflict, this Act prevails | ||
over another Act of the 85th Legislature, Regular Session, 2017, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 10. This Act takes effect September 1, 2017. |