Bill Text: TX HB566 | 2019-2020 | 86th Legislature | Comm Sub

Texas House Bill 566 (Prior Session Legislation)

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

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-04-29 - Referred to Criminal Justice [HB566 Detail]

Download: Texas-2019-HB566-Comm_Sub.html

	86R4897 JRR-F

	By: White, Wu	H.B. No. 566



	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 Section 411.0726 to read as follows:
	Sec. 411.0726. PROCEDURE FOR CERTAIN CHARGED OFFENSES NOT
	RESULTING IN CONVICTION OR DEFERRED ADJUDICATION. (a) This
	section applies only to a person who is:
	(1) charged with more than one offense arising out of
	the same criminal episode;
	(2) convicted of or placed on deferred adjudication
	community supervision for at least one but not all of the offenses
	charged; and
	(3) charged with another offense arising out of that
	criminal episode that:
	(A) resulted in acquittal; or
	(B) is dismissed by the court or the attorney
	representing the state.
	(b) Notwithstanding any other provision of this subchapter
	or Subchapter F, a person described by Subsection (a) who satisfies
	the requirements of this section may petition the court with
	jurisdiction over the offense described by Subsection (a)(2) for an
	order of nondisclosure of criminal history record information under
	this section with respect to an offense described by Subsection
	(a)(3).
	(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 an offense described by Subsection (a)(3).
	(d) A person may petition the court with jurisdiction over
	the offense described by Subsection (a)(2) for an order of
	nondisclosure of criminal history record information under this
	section with respect to an offense described by Subsection (a)(3)
	only on or after the second anniversary of the date on which, for
	all offenses described by Subsection (a)(2), the person is fully
	discharged from the person's sentence or has successfully completed
	the person's term of deferred adjudication community supervision,
	as applicable.
	(e) A person is entitled to petition the court to receive an
	order of nondisclosure of criminal history record information
	under this section only if, during the period after the court
	pronounced the sentence or placed the person on community
	supervision, including deferred adjudication community
	supervision, and during the waiting period required by Subsection
	(d), the person is not convicted of or placed on deferred
	adjudication community supervision under Subchapter C, Chapter
	42A, Code of Criminal Procedure, for any offense other than a
	traffic offense that is punishable by fine only.
	(f) A person may not be granted an order of nondisclosure of
	criminal history record information under this section and is not
	entitled to petition the court for an order under this section if,
	as described by Subsection (a)(2) or at any time before the petition
	is filed, the person has been convicted of or placed on deferred
	adjudication community supervision for:
	(1) an offense requiring registration as a sex
	offender under Chapter 62, Code of Criminal Procedure;
	(2) an offense under Section 20.04, Penal Code,
	regardless of whether the offense is a reportable conviction or
	adjudication for purposes of Chapter 62, Code of Criminal
	Procedure;
	(3) an offense under Section 19.02, 19.03, 20A.02,
	20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code; or
	(4) any other offense involving family violence, as
	defined by Section 71.004, Family Code.
	SECTION 2. Section 411.074, Government Code, is amended by
	adding Subsection (c) to read as follows:
	(c) This section does not apply to an order of nondisclosure
	of criminal history record information under Section 411.0726.
	SECTION 3. Section 411.0726, Government Code, as added by
	this Act, applies to a person who petitions the court for an order
	of nondisclosure of criminal history record information on or after
	the effective date of this Act, regardless of whether the charged
	offense that is the subject of the petition was allegedly committed
	before, on, or after the effective date of this Act.
	SECTION 4. This Act takes effect September 1, 2019.