Bill Text: TX SB1686 | 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) 2019-03-14 - Referred to Criminal Justice [SB1686 Detail]
Download: Texas-2019-SB1686-Introduced.html
| 86R13545 JSC-D | ||
| By: West | S.B. No. 1686 | |
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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: CERTAIN MISDEMEANORS AND 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 an offense other than: | ||
| (A) an offense under Section 106.041, Alcoholic | ||
| Beverage Code, or Section 49.04, 49.045, 49.05, 49.06, 49.065, | ||
| 49.07, or 49.08, Penal Code; | ||
| (B) a felony under Title 5, Penal Code; | ||
| (C) an offense for which registration as a sex | ||
| offender is required under Chapter 62, Code of Criminal Procedure; | ||
| (D) an offense under Section 25.07 or 25.072, | ||
| Penal Code; or | ||
| (E) any other offense involving family violence, | ||
| as defined by Section 71.004, Family 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 | ||
| (2) has not been convicted of or placed on deferred | ||
| adjudication community supervision for another offense, other than | ||
| a traffic offense that is punishable by fine only, that was | ||
| committed during the seven-year period preceding the petition. | ||
| (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: | ||
| (1) the 10th anniversary of the date of completion of | ||
| the community supervision, if the offense for which the person was | ||
| placed on community supervision was a misdemeanor; or | ||
| (2) the 15th anniversary of the date of completion of | ||
| the community supervision, if the offense for which the person was | ||
| placed on community supervision was a felony. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
