Bill Text: TX HB3601 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2021-05-17 - Received from the House [HB3601 Detail]
Download: Texas-2021-HB3601-Comm_Sub.html
87R12168 JRR-F | ||
By: Leach, Collier, Cook | H.B. No. 3601 |
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relating to automatic orders of nondisclosure of criminal history | ||
record information for certain misdemeanor defendants following | ||
successful completion of a period of deferred adjudication | ||
community supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.0716, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. [ |
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as provided by Section 411.072 [ |
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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. | ||
[ |
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SECTION 2. 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 NONVIOLENT MISDEMEANORS. (a) A person is | ||
entitled to an order of nondisclosure of criminal history record | ||
information under this [ |
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(1) the person 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: | ||
(i) Section 49.04 or 49.06, Penal Code; or | ||
(ii) 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; [ |
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(2) the person received a discharge and dismissal | ||
under Article 42A.111, Code of Criminal Procedure, on or after | ||
September 1, 2017, for the offense described by Subdivision (1); | ||
(3) at least 180 days have elapsed from the date the | ||
person was placed on deferred adjudication community supervision | ||
for the offense described by Subdivision (1); | ||
(4) the person satisfies the requirements of Section | ||
411.074; and | ||
(5) the person 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) Not later than the 15th day of each month, the | ||
department shall: | ||
(1) review the records in the department's | ||
computerized criminal history system and, based on the relevant | ||
information present in the system, identify and compile a list of | ||
each person who: | ||
(A) meets the criteria provided by Subsection | ||
(a); and | ||
(B) has not received an order of nondisclosure of | ||
criminal history information under this section; and | ||
(2) for each person identified on the list described | ||
by Subdivision (1), provide to the applicable court that placed the | ||
person on deferred adjudication community supervision: | ||
(A) notice of the person's entitlement to an | ||
order of nondisclosure of criminal history record information under | ||
this section; and | ||
(B) a copy of the list described by Subdivision | ||
(1). | ||
(c) Notwithstanding any other provision of this subchapter | ||
or Subchapter F, if a [ |
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court that placed a [ |
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supervision receives notice from the department under Subsection | ||
(b) that the person is entitled to an order of nondisclosure of | ||
criminal history record information under this section, the court | ||
shall, as soon as practicable after the receipt of the notice, 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. [ |
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[ |
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[ |
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(d) A [ |
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nondisclosure of criminal history record information under this | ||
section but who is not identified by the department under | ||
Subsection (b) as being entitled to the order may [ |
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the court that placed the person on deferred adjudication community | ||
supervision any evidence necessary to establish that the person is | ||
entitled [ |
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criminal history record information under this section. The court | ||
shall prescribe the manner in which the person may present the | ||
evidence to the court under this subsection. The court shall | ||
determine whether the person satisfies the requirements of this | ||
section, and if the court makes a finding that the requirements of | ||
this section are satisfied, the court shall issue an order of | ||
nondisclosure of criminal history record information under | ||
Subsection (c) as soon as practicable after making the finding. | ||
(e) Notwithstanding any other law, a [ |
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entitled to an order of nondisclosure of criminal history record | ||
information under this section may not be required to [ |
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[ |
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(f) [ |
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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. Section 411.0725(a), Government Code, is amended | ||
to read as follows: | ||
(a) This section applies only to a person placed on deferred | ||
adjudication community supervision under Subchapter C, Chapter | ||
42A, Code of Criminal Procedure, who: | ||
(1) is not entitled [ |
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nondisclosure of criminal history record information under Section | ||
411.072; and | ||
(2) was placed on deferred adjudication community | ||
supervision for an offense other than an offense under Section | ||
49.04 or 49.06, Penal Code. | ||
SECTION 4. This Act takes effect January 1, 2022. |