Bill Text: TX SB1320 | 2019-2020 | 86th Legislature | Introduced


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) 2019-03-07 - Referred to Criminal Justice [SB1320 Detail]

Download: Texas-2019-SB1320-Introduced.html
  86R8106 JRR-D
 
  By: Miles S.B. No. 1320
 
 
 
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.
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