Bill Text: TX SB1227 | 2017-2018 | 85th 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) 2017-03-09 - Referred to Criminal Justice [SB1227 Detail]

Download: Texas-2017-SB1227-Introduced.html

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85R2073 JRR-D
By: West S.B. No. 1227

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. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0731 to read as follows:
Sec. 411.0731. PROCEDURE FOR COMMUNITY SUPERVISION
FOLLOWING CONVICTION; SET-ASIDE CONVICTIONS. (a) This section
applies only to a person who:
(1) on conviction is placed on community supervision
under Chapter 42A, Code of Criminal Procedure, and with respect to
whom the conviction is subsequently set aside by the court under
Article 42A.701(f) of that chapter; and
(2) is not convicted of an offense for which the person
would be ineligible for deferred adjudication community
supervision under Article 42A.102(b), Code of Criminal Procedure.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who satisfies
the requirements of Section 411.074 may petition the court that
placed the person on community supervision for an order of
nondisclosure of criminal history record information under this
section.
(c) After notice to the state, an opportunity for a hearing,
and a determination that the person is entitled to file the petition
and that 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 after:
(1) the conviction is set aside, if the offense for
which the person was placed on community supervision was a
misdemeanor; or
(2) the fifth anniversary of the date the conviction
is set aside, if the offense for which the person was placed on
community supervision was a felony.
SECTION 2. Section 411.074, Government Code, is amended to
read as follows:
Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF
NONDISCLOSURE. (a) A person may be granted an order of
nondisclosure of criminal history record information under this
subchapter and, when applicable, is entitled to petition the court
to receive an order under this subchapter only if, during the period
after the court pronounced the sentence or placed the person on
community supervision, including deferred adjudication community
supervision, for the offense for which the order of nondisclosure
is requested, and during any applicable waiting period that this
subchapter requires for the person after completion of the person's
sentence or community supervision, including deferred adjudication
community supervision [required by this subchapter], 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 an offense under the
Transportation Code punishable by fine only.
(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 under this
subchapter if:
(1) the person requests the order of nondisclosure
[was convicted or placed on deferred adjudication community
supervision] for, or the person has been previously convicted of or
placed on [any other] deferred adjudication community supervision
under Subchapter C, Chapter 42A, Code of Criminal Procedure, for:
(A) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure;
(B) 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;
(C) 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
(D) any other offense involving family violence,
as defined by Section 71.004, Family Code; or
(2) the court makes an affirmative finding that the
offense for which the order of nondisclosure of criminal history
record information is requested involved family violence, as
defined by Section 71.004, Family Code.
SECTION 3. The change in law made by Section 411.0731,
Government Code, as added by this Act, applies to a person whose
conviction is set aside under Article 42A.701(f), Code of Criminal
Procedure, on or after the effective date of this Act, regardless of
whether the offense for which the person was convicted was
committed before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2017.