Bill Text: TX HB4511 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-26 - Referred to Corrections [HB4511 Detail]

Download: Texas-2019-HB4511-Introduced.html

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86R8106 JRR-D
By: Johnson of Harris H.B. No. 4511

A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain criminal defendants for an
order of nondisclosure of criminal history record information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.0725(e), Government Code, is amended
to read as follows:
(e) A person may petition the court that placed the person
on deferred adjudication community supervision for an order of
nondisclosure of criminal history record information under this
section only on or after:
(1) the discharge and dismissal, if the offense for
which the person was placed on deferred adjudication was a
misdemeanor other than a misdemeanor described by Subdivision (2);
(2) the 180th day after the date [second anniversary]
of the discharge and dismissal, if the offense for which the person
was placed on deferred adjudication was a misdemeanor under Chapter
20, 21, 22, 25, 42, 43, or 46, Penal Code; or
(3) the first [fifth] anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony.
SECTION 2. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Sections 411.0732 and 411.0737 to read as
follows:
Sec. 411.0732. PROCEDURE FOR COMMUNITY SUPERVISION
FOLLOWING CONVICTION; CERTAIN NONVIOLENT 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 a felony other than a
felony:
(A) listed in Article 42A.054(a), Code of
Criminal Procedure;
(B) for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure;
(C) punishable as a felony of the second degree
or a felony of the first degree under Subchapter D, Chapter 481,
Health and Safety Code;
(D) punishable under Section 481.1122, Health
and Safety Code;
(E) under Title 5, Penal Code;
(F) under Chapter 25, 29, 43, 49, or 71, Penal
Code;
(G) under Section 28.02, 36.02, 42.072, or 42.08,
Penal Code;
(H) punishable as a felony of the second degree
or a felony of the first degree under Section 28.03, Penal Code;
(I) punishable as a felony of the first degree
under Section 30.02, Penal Code;
(J) under Section 31.03 or 34.02, Penal Code,
that is punishable as a felony of the third degree or any higher
category of offense;
(K) punishable as a felony of the second degree
or a felony of the first degree under Section 38.06, Penal Code; or
(L) punishable as a felony of the second degree
under Section 46.14, Penal Code; 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;
(2) has never been previously convicted of or placed
on deferred adjudication community supervision for another offense
other than:
(A) a traffic offense that is punishable by fine
only; or
(B) an offense arising out of the criminal
episode during which the offense that is the subject of the petition
occurred; and
(3) has never previously received an order of
nondisclosure of criminal history record information under this
subchapter or other law for an offense, other than an offense
described by Subdivision (2)(A) or (B).
(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 giving rise to the community supervision.
(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 the
second anniversary of the date of completion of the community
supervision.
Sec. 411.0737. PROCEDURE FOR CONVICTION; CERTAIN
NONVIOLENT FELONIES. (a) This section applies only to a person
who:
(1) is convicted of a felony other than a felony:
(A) listed in Article 42A.054(a), Code of
Criminal Procedure;
(B) for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure;
(C) punishable as a felony of the second degree
or a felony of the first degree under Subchapter D, Chapter 481,
Health and Safety Code;
(D) punishable under Section 481.1122, Health
and Safety Code;
(E) under Title 5, Penal Code;
(F) under Chapter 25, 29, 43, 49, or 71, Penal
Code;
(G) under Section 28.02, 36.02, 42.072, or 42.08,
Penal Code;
(H) punishable as a felony of the second degree
or a felony of the first degree under Section 28.03, Penal Code;
(I) punishable as a felony of the first degree
under Section 30.02, Penal Code;
(J) under Section 31.03 or 34.02, Penal Code,
that is punishable as a felony of the third degree or any higher
category of offense;
(K) punishable as a felony of the second degree
or a felony of the first degree under Section 38.06, Penal Code; or
(L) punishable as a felony of the second degree
under Section 46.14, Penal Code; and
(2) is not eligible for an order of nondisclosure of
criminal history record information under Section 411.0732.
(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;
(2) has never been previously convicted of or placed
on deferred adjudication community supervision for another offense
other than:
(A) a traffic offense that is punishable by fine
only; or
(B) an offense arising out of the criminal
episode during which the offense that is the subject of the petition
occurred; and
(3) has never previously received an order of
nondisclosure of criminal history record information under this
subchapter or other law for an offense, other than an offense
described by Subdivision (2)(A) or (B).
(c) Except as provided by Subsection (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.
(d) A court may not issue an order of nondisclosure of
criminal history record information under this section if the court
determines that the offense for which the order is sought was
violent or sexual in nature.
(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 the third
anniversary of the date of completion of the person's sentence.
SECTION 3. This Act takes effect September 1, 2019.