Bill Text: TX SB1872 | 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 for certain past misdemeanors and felonies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-26 - Referred to Criminal Justice [SB1872 Detail]
Download: Texas-2021-SB1872-Introduced.html
87R12304 JRR-D | ||
By: Miles | S.B. No. 1872 |
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relating to the eligibility of certain criminal defendants for an | ||
order of nondisclosure of criminal history record information for | ||
certain past misdemeanors and felonies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter E-1, Government Code, is amended by | ||
adding Section 411.0739 to read as follows: | ||
Sec. 411.0739. PROCEDURE FOR CONVICTION FOLLOWING | ||
SUCCESSFUL COMPLETION OF SENTENCE; CERTAIN PAST MISDEMEANORS AND | ||
FELONIES. (a) This section applies only to a person who: | ||
(1) is convicted of a misdemeanor or felony; and | ||
(2) has not previously received an order of | ||
nondisclosure of criminal history record information under this | ||
subchapter or other law for the offense described by Subdivision | ||
(1). | ||
(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 or period | ||
of community supervision 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 satisfies the | ||
requirements of this section and Section 411.074. | ||
(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 for which the person was convicted. | ||
(d) 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 25th | ||
anniversary of the date of completion of the person's sentence. | ||
SECTION 2. This Act takes effect September 1, 2021. |