Bill Text: TX SB550 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [SB550 Detail]
Download: Texas-2019-SB550-Enrolled.html
| S.B. No. 550 | ||
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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, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 550 passed the Senate on | ||
| May 8, 2019, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 550 passed the House on | ||
| May 22, 2019, by the following vote: Yeas 142, Nays 2, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
