Bill Text: TX HB1076 | 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 (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 | |
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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 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. | ||
