Bill Text: TX HB1076 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 1076 (Prior Session Legislation)

Introduced

Bill Title: Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-18 - Left pending in committee [HB1076 Detail]

Download: Texas-2019-HB1076-Introduced.html

	86R3362 JRR-D

	By: White	H.B. No. 1076



	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 Sections 411.0732 and 411.0737 to read as
	follows:
	Sec. 411.0732. PROCEDURE FOR COMMUNITY SUPERVISION
	FOLLOWING CONVICTION; CERTAIN STATE JAIL 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 state jail felony
	punishable under Section 12.35(a), 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; and
	(2) has never been previously convicted of or placed
	on deferred adjudication community supervision for another offense
	other than a traffic offense that is punishable by fine only.
	(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
	giving rise to the community supervision.
	(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 placed the person
	on community supervision for an order of nondisclosure of criminal
	history record information under this section only on or after the
	fifth anniversary of the date of completion of the community
	supervision.
	Sec. 411.0737. PROCEDURE FOR CONVICTION; CERTAIN STATE JAIL
	FELONIES. (a) This section applies only to a person who:
	(1) is convicted of a state jail felony punishable
	under Section 12.35(a), 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; and
	(2) has never been previously convicted of or placed
	on deferred adjudication community supervision for another offense
	other than a traffic offense that is punishable by fine only.
	(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 fifth
	anniversary of the date of completion of the person's sentence.
	SECTION 2. This Act takes effect September 1, 2019.