Bill Text: TX HB3547 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-14 - Left pending in committee [HB3547 Detail]
Download: Texas-2021-HB3547-Introduced.html
87R5727 JRR-F | ||
By: Allen | H.B. No. 3547 |
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relating to the eligibility of certain criminal defendants for an | ||
order of nondisclosure of criminal history record information; | ||
authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42.01, Code of Criminal Procedure, is | ||
amended by adding Section 16 to read as follows: | ||
Sec. 16. In addition to the information described by | ||
Section 1, the judgment must reflect affirmative findings entered | ||
pursuant to Article 42A.059. | ||
SECTION 2. Subchapter B, Chapter 42A, Code of Criminal | ||
Procedure, is amended by adding Article 42A.059 to read as follows: | ||
Art. 42A.059. AFFIRMATIVE FINDING REGARDING AUTOMATIC | ||
ORDER OF NONDISCLOSURE. If a judge places on community supervision | ||
a defendant charged with a misdemeanor other than a misdemeanor | ||
under Section 106.041, Alcoholic Beverage Code, or Section 49.04, | ||
49.05, 49.06, or 49.065, Penal Code, the judge shall make an | ||
affirmative finding of fact and file a statement of that | ||
affirmative finding in the judgment 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 | ||
411.07299, Government Code. | ||
SECTION 3. Article 42A.105(f), Code of Criminal Procedure, | ||
is amended 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 Section 49.04 or 49.06 [ |
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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 4. Section 411.0716, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) Except as otherwise provided by this section | ||
[ |
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order of nondisclosure of criminal history record information for | ||
an offense committed before, on, or after September 1, 2017. | ||
(c) Section 411.07299 applies only to a person described by | ||
Subsection (a) of that section who was placed on community | ||
supervision under Chapter 42A, Code of Criminal Procedure, on or | ||
after September 1, 2021. | ||
SECTION 5. The heading to Section 411.072, Government Code, | ||
is amended to read as follows: | ||
Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING | ||
COMPLETION OF [ |
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SUPERVISION; CERTAIN [ |
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SECTION 6. Section 411.072(a), Government Code, is 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, Chapter 42A, Code of Criminal | ||
Procedure, for a misdemeanor other than a misdemeanor: | ||
(A) under[ |
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[ |
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or | ||
[ |
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(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 offense that is punishable by fine only. | ||
SECTION 7. Subchapter E-1, Chapter 411, Government Code, is | ||
amended by adding Section 411.07299 to read as follows: | ||
Sec. 411.07299. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING | ||
COMPLETION OF COMMUNITY SUPERVISION; CERTAIN MISDEMEANORS. (a) | ||
This section applies only to a person who: | ||
(1) was placed on community supervision under Chapter | ||
42A, Code of Criminal Procedure: | ||
(A) following a conviction of a misdemeanor other | ||
than a misdemeanor: | ||
(i) under Section 106.041, Alcoholic | ||
Beverage Code, or Section 49.04, 49.05, 49.06, or 49.065, Penal | ||
Code; or | ||
(ii) with respect to which an affirmative | ||
finding under Article 42A.059, Code of Criminal Procedure, was | ||
filed in the judgment in the case; and | ||
(B) under a provision of Chapter 42A, Code of | ||
Criminal Procedure, other than Subchapter C, including: | ||
(i) a provision that requires the person to | ||
serve a term of confinement as a condition of community | ||
supervision; or | ||
(ii) 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; 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. | ||
(b) Notwithstanding any other provision of this subchapter | ||
or Subchapter F, if a person described by Subsection (a) completes | ||
the period of community supervision, including any term of | ||
confinement imposed and payment of all fines, costs, and | ||
restitution imposed, and satisfies the requirements of Section | ||
411.074 and if the person's community supervision is not revoked, | ||
the court that placed the person on 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 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) on the successful completion of the community | ||
supervision, if the person completes the period of community | ||
supervision on or after the 180th day after the date the court | ||
placed the person on community supervision; or | ||
(2) as soon as practicable on or after the 180th day | ||
after the date the court placed the person on community | ||
supervision, if the person completed the period of community | ||
supervision before that date. | ||
(c) The person shall present to the court any evidence | ||
necessary to establish that the person is eligible to receive an | ||
order of nondisclosure of criminal history record information under | ||
this section. The person must pay a $28 fee to the clerk of the | ||
court before the court issues the order. | ||
(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.059, Code of Criminal Procedure, was filed in the judgment in | ||
the case may file a petition for an order of nondisclosure of | ||
criminal history record information under Section 411.073 if the | ||
person otherwise satisfies the requirements of that section. | ||
SECTION 8. Section 411.073, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION | ||
FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND FELONIES. | ||
(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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106.041, Alcoholic Beverage Code, or Section 49.04, 49.045, 49.05, | ||
49.06, [ |
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(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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(c) Except as provided by Subsection (c-1) and subject to | ||
Subsection (c-2), after [ |
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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 giving rise to the | ||
community supervision. | ||
(c-1) A court may not issue an order of nondisclosure of | ||
criminal history record information under this section without the | ||
consent of the attorney representing the state if the offense for | ||
which the order is sought is a felony of the third degree or any | ||
higher category of offense. | ||
(c-2) A person is not eligible to receive an order of | ||
nondisclosure of criminal history record information under this | ||
section with respect to a misdemeanor if the person has previously | ||
received six orders of nondisclosure for a misdemeanor under this | ||
section or Section 411.0735. A person is not eligible to receive an | ||
order of nondisclosure of criminal history record information under | ||
this section with respect to a felony if the person has previously | ||
received two orders of nondisclosure for a felony under this | ||
section or Section 411.0735. | ||
(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; | ||
(3) the sixth 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; | ||
(4) the eighth 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; | ||
(5) the ninth 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 | ||
(6) 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. | ||
SECTION 9. Section 411.0735, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN | ||
MISDEMEANORS AND FELONIES. (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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Beverage Code, or Section 49.04, 49.045, 49.05, 49.06, [ |
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49.07, or 49.08, Penal Code[ |
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(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) Except as provided by Subsection (c-1) and subject to | ||
Subsection (c-2), 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. | ||
(c-1) A court may not issue an order of nondisclosure of | ||
criminal history record information under this section without the | ||
consent of the attorney representing the state if the [ |
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felony of the third degree or any higher category of offense[ |
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(c-2) A person is not eligible to receive an order of | ||
nondisclosure of criminal history record information under this | ||
section with respect to a misdemeanor if the person has previously | ||
received six orders of nondisclosure for a misdemeanor under this | ||
section or Section 411.073. A person is not eligible to receive an | ||
order of nondisclosure of criminal history record information under | ||
this section with respect to a felony if the person has previously | ||
received two orders of nondisclosure for a felony under this | ||
section or Section 411.073. | ||
(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 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 eighth 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 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 third degree; | ||
(5) the 11th 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 10. Section 411.074(b), Government Code, is amended | ||
to read as follows: | ||
(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[ |
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[ |
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for, or the person has been previously convicted of or placed on | ||
deferred adjudication community supervision for: | ||
(1) [ |
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offender under Chapter 62, Code of Criminal Procedure; | ||
(2) [ |
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regardless of whether the offense is a reportable conviction or | ||
adjudication for purposes of Chapter 62, Code of Criminal | ||
Procedure; or | ||
(3) [ |
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20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal | ||
Code[ |
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[ |
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[ |
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SECTION 11. Notwithstanding Section 411.0716(b), | ||
Government Code, the change in law made by this Act to Section | ||
411.072, Government Code, applies only to a person described by | ||
Subsection (a) of that section who was placed on deferred | ||
adjudication community supervision under Subchapter C, Chapter | ||
42A, Code of Criminal Procedure, on or after the effective date of | ||
this Act. A person who was placed on deferred adjudication | ||
community supervision before the effective date of this Act is | ||
governed by the law in effect on the date the person was placed on | ||
deferred adjudication community supervision, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 12. This Act takes effect September 1, 2021. |