Bill Text: TX SB1391 | 2021-2022 | 87th 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) 2021-03-18 - Referred to Criminal Justice [SB1391 Detail]
Download: Texas-2021-SB1391-Introduced.html
87R10737 JRR-D | ||
By: West | S.B. No. 1391 |
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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 411.0732 to read as follows: | ||
Sec. 411.0732. 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 second anniversary of the date 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. This Act takes effect September 1, 2021. |