Bill Text: TX HB3016 | 2017-2018 | 85th Legislature | Engrossed

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-Engrossed.html
 
 
  By: Thompson of Harris, Alonzo, Workman H.B. No. 3016
 
 
 
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 411.072, Government Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (d) to read
  as follows:
         (a)  This section applies only to a person who:
               (1)  was placed on deferred adjudication community
  supervision under Subchapter C [Section 5], Chapter 42A [Article
  42.12], Code of Criminal Procedure, for a misdemeanor other than a
  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 Article 42A.105(f), Code of Criminal Procedure, or former
  Section 5(k), Article 42.12, Code of Criminal 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 [an] offense [under the Transportation Code]
  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 [Section 5(c),] Article 42A.111
  [42.12], Code of Criminal Procedure, and satisfies the requirements
  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.
         (d)  A person who is not eligible to receive an order of
  nondisclosure of criminal history record information under this
  section solely because an affirmative finding under Article
  42A.105(f), Code of Criminal Procedure, or former Section 5(k),
  Article 42.12, Code of Criminal Procedure, was filed in the papers
  of the case may file a petition for an order of nondisclosure of
  criminal history record information under Section 411.0725 if the
  person otherwise satisfies the requirements of that section.
         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 [Article 42.12], Code of
  Criminal Procedure:
               (1)  following a conviction of:
                     (A)  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; 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 [Article 42.12],
  Code of Criminal Procedure, other than Subchapter C [Section 5],
  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 [an] offense [under the Transportation Code]
  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 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.  Subchapter E-1, Chapter 411, Government Code, is
  amended by adding Section 411.0731 to read as follows:
         Sec. 411.0731.  PROCEDURE FOR COMMUNITY SUPERVISION
  FOLLOWING CONVICTION; CERTAIN DRIVING WHILE INTOXICATED
  CONVICTIONS. (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 under Section
  49.04, Penal Code, other than an offense punishable under
  Subsection (d) of that section; 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.
         (c)  A petition for an order of nondisclosure of criminal
  history record information filed under this section must include
  evidence that the person is entitled to file the petition.
         (d)  Except as provided by Subsection (e), 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 an order
  of nondisclosure of criminal history record information 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 giving
  rise to the community supervision.
         (e)  A court may not issue an order of nondisclosure of
  criminal history record information under this section if the
  attorney representing the state presents evidence sufficient to the
  court demonstrating that the commission of the offense for which
  the order is sought resulted in a motor vehicle accident involving
  another person, including a passenger in a motor vehicle operated
  by the person seeking the order of nondisclosure.
         (f)  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 second anniversary of the date of completion
  of the community supervision, if the person successfully complied
  with a condition of community supervision that, for a period of not
  less than six months, restricted the person's operation of a motor
  vehicle to a motor vehicle equipped with an ignition interlock
  device; or
               (2)  the fifth anniversary of the date of completion of
  the community supervision, if the court that placed the person on
  community supervision did not order the person to comply with a
  condition of community supervision described by Subdivision (1) for
  the period described by that subdivision.
         SECTION 6.  Section 411.0735, Government Code, is amended to
  read as follows:
         Sec. 411.0735.  PROCEDURE FOR CONVICTION [AND CONFINEMENT];
  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 under
  Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
  49.06, or 49.065, Penal Code, or Chapter 71, 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)  [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, including any term of confinement imposed
  and payment of all fines, costs, and restitution imposed, [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:
               (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 [period of confinement].
         SECTION 7.  Subchapter E-1, Chapter 411, Government Code, is
  amended by adding Section 411.0736 to read as follows:
         Sec. 411.0736.  PROCEDURE FOR CONVICTION; CERTAIN DRIVING
  WHILE INTOXICATED CONVICTIONS. (a) This section applies only to a
  person who:
               (1)  is convicted of an offense under Section 49.04,
  Penal Code, other than an offense punishable under Subsection (d)
  of that section; and
               (2)  is not eligible for an order of nondisclosure of
  criminal history record information under Section 411.0731.
         (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)  A petition for an order of nondisclosure of criminal
  history record information filed under this section must include
  evidence that the person is entitled to file the petition.
         (d)  Except as provided by Subsection (e), 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 an order
  of nondisclosure of criminal history record information 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.
         (e)  A court may not issue an order of nondisclosure of
  criminal history record information under this section if the
  attorney representing the state presents evidence sufficient to the
  court demonstrating that the commission of the offense for which
  the order is sought resulted in a motor vehicle accident involving
  another person, including a passenger in a motor vehicle operated
  by the person seeking the order of nondisclosure.
         (f)  A person may petition the court that imposed the
  sentence for an order of nondisclosure of criminal history record
  information under this section on or after:
               (1)  the third anniversary of the date of completion of
  the person's sentence, if the person successfully complied with a
  condition of the sentence that, for a period of not less than six
  months, restricted the person's operation of a motor vehicle to a
  motor vehicle equipped with an ignition interlock device; or
               (2)  the fifth anniversary of the date of completion of
  the person's sentence, if the court that imposed the sentence did
  not order the person to comply with a condition described by
  Subdivision (1) for the period described by that subdivision.
         SECTION 8.  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 [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 of nondisclosure 
  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 9.  Section 411.0765(a), Government Code, is amended
  to read as follows:
         (a)  A criminal justice agency may disclose criminal history
  record information that is the subject of an order of nondisclosure
  of criminal history record information under this subchapter only:
               (1)  to other criminal justice agencies;
               (2)  [,] for criminal justice or regulatory licensing
  purposes;
               (3)  to [,] an agency or entity listed in Subsection
  (b);
               (4)  to [, or] the person who is the subject of the
  order; or
               (5)  for the purpose of complying with a requirement
  under federal law or if federal law requires the disclosure as a
  condition of receiving federal highway funds.
         SECTION 10.  Subchapter A, Chapter 42A, Code of Criminal
  Procedure, is amended by adding Article 42A.002 to read as follows:
         Art. 42A.002.  REFERENCE IN LAW. A reference in a law to a
  statute or a part of a statute revised in this chapter by Chapter
  770 (H.B. 2299), Acts of the 84th Legislature, Regular Session,
  2015, is considered to be a reference to the part of this chapter
  that revises that statute or part of that statute.
         SECTION 11.  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 12.  (a)  Section 16, Chapter 1279 (S.B. 1902), Acts
  of the 84th Legislature, Regular Session, 2015, which amended
  Section 5, Article 42.12, Code of Criminal Procedure, is repealed.
         (b)  Section 32, Chapter 1279 (S.B. 1902), Acts of the 84th
  Legislature, Regular Session, 2015, is repealed.
         SECTION 13.  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 14.  This Act takes effect September 1, 2017.
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