Bill Text: TX HB3341 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information for certain offenses committed when younger than 25 years of age.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2023-05-01 - Received from the House [HB3341 Detail]
Download: Texas-2023-HB3341-Engrossed.html
| 88R11631 JRR-D | ||
| By: A. Johnson of Harris, Gamez, Frazier | H.B. No. 3341 | |
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| relating to the eligibility of criminal defendants for an order of | ||
| nondisclosure of criminal history record information for certain | ||
| offenses committed when younger than 25 years of age. | ||
| 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 411.0739 to read as follows: | ||
| Sec. 411.0739. PROCEDURE FOR CONVICTION FOLLOWING | ||
| SUCCESSFUL COMPLETION OF SENTENCE; CERTAIN MISDEMEANORS AND | ||
| FELONIES COMMITTED WHEN YOUNGER THAN 25 YEARS OF AGE. (a) This | ||
| section applies only to a person who: | ||
| (1) is convicted of an offense other than an offense: | ||
| (A) listed in Article 42A.054(a), Code of | ||
| Criminal Procedure; or | ||
| (B) for which the judgment contains an | ||
| affirmative finding under Article 42A.054(c) or (d), Code of | ||
| Criminal Procedure; | ||
| (2) was younger than 25 years of age at the time the | ||
| offense described by Subdivision (1) was committed; and | ||
| (3) has not previously received an order of | ||
| nondisclosure of criminal history record information under this | ||
| subchapter or other law for the offense described by Subdivision | ||
| (1). | ||
| (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 or period | ||
| of community supervision 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 satisfies the | ||
| requirements of this section and Section 411.074. | ||
| (c) Except as provided by Section 411.074, a person may | ||
| petition the court for an order of nondisclosure of criminal | ||
| history record information under this section regardless of whether | ||
| the person has been previously convicted of or placed on deferred | ||
| adjudication community supervision for another offense. | ||
| (d) 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. | ||
| (e) 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 second anniversary of the date of completion | ||
| of the person's sentence, if the offense of which the person was | ||
| convicted was a misdemeanor; or | ||
| (2) the fifth anniversary of the date of completion of | ||
| the person's sentence, if the offense of which the person was | ||
| convicted was a felony. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
