Bill Text: TX HB4511 | 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) 2019-03-26 - Referred to Corrections [HB4511 Detail]
Download: Texas-2019-HB4511-Introduced.html
| 86R8106 JRR-D | ||
| By: Johnson of Harris | H.B. No. 4511 | |
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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. 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 [ |
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| 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 [ |
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| 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. | ||
