Bill Text: TX HB566 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-04-29 - Referred to Criminal Justice [HB566 Detail]
Download: Texas-2019-HB566-Comm_Sub.html
86R4897 JRR-F | ||
By: White, Wu | H.B. No. 566 |
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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. Subchapter E-1, Chapter 411, Government Code, is | ||
amended by adding Section 411.0726 to read as follows: | ||
Sec. 411.0726. PROCEDURE FOR CERTAIN CHARGED OFFENSES NOT | ||
RESULTING IN CONVICTION OR DEFERRED ADJUDICATION. (a) This | ||
section applies only to a person who is: | ||
(1) charged with more than one offense arising out of | ||
the same criminal episode; | ||
(2) convicted of or placed on deferred adjudication | ||
community supervision for at least one but not all of the offenses | ||
charged; and | ||
(3) charged with another offense arising out of that | ||
criminal episode that: | ||
(A) resulted in acquittal; or | ||
(B) is dismissed by the court or the attorney | ||
representing the state. | ||
(b) Notwithstanding any other provision of this subchapter | ||
or Subchapter F, a person described by Subsection (a) who satisfies | ||
the requirements of this section may petition the court with | ||
jurisdiction over the offense described by Subsection (a)(2) for an | ||
order of nondisclosure of criminal history record information under | ||
this section with respect to an offense described by Subsection | ||
(a)(3). | ||
(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 an offense described by Subsection (a)(3). | ||
(d) A person may petition the court with jurisdiction over | ||
the offense described by Subsection (a)(2) for an order of | ||
nondisclosure of criminal history record information under this | ||
section with respect to an offense described by Subsection (a)(3) | ||
only on or after the second anniversary of the date on which, for | ||
all offenses described by Subsection (a)(2), the person is fully | ||
discharged from the person's sentence or has successfully completed | ||
the person's term of deferred adjudication community supervision, | ||
as applicable. | ||
(e) A person is entitled to petition the court to receive an | ||
order of nondisclosure of criminal history record information | ||
under this section only if, during the period after the court | ||
pronounced the sentence or placed the person on community | ||
supervision, including deferred adjudication community | ||
supervision, and during the waiting period required by Subsection | ||
(d), 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 offense that is punishable by fine only. | ||
(f) A person may not be granted an order of nondisclosure of | ||
criminal history record information under this section and is not | ||
entitled to petition the court for an order under this section if, | ||
as described by Subsection (a)(2) or at any time before the petition | ||
is filed, the person has been convicted of or placed on deferred | ||
adjudication community supervision for: | ||
(1) an offense requiring registration as a sex | ||
offender under Chapter 62, Code of Criminal Procedure; | ||
(2) 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; | ||
(3) 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 | ||
(4) any other offense involving family violence, as | ||
defined by Section 71.004, Family Code. | ||
SECTION 2. Section 411.074, Government Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) This section does not apply to an order of nondisclosure | ||
of criminal history record information under Section 411.0726. | ||
SECTION 3. Section 411.0726, Government Code, as added by | ||
this Act, applies to a person who petitions the court for an order | ||
of nondisclosure of criminal history record information on or after | ||
the effective date of this Act, regardless of whether the charged | ||
offense that is the subject of the petition was allegedly committed | ||
before, on, or after the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2019. |