Bill Text: TX HB1404 | 2017-2018 | 85th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Moderate Partisan Bill (Democrat 17-2)

Status: (Engrossed - Dead) 2017-05-05 - Received from the House [HB1404 Detail]

Download: Texas-2017-HB1404-Introduced.html

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85R3132 JRR-D
By: Allen H.B. No. 1404

A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of a criminal defendant 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 411.0716 to read as follows:
Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. (a) Except as
provided by Subsection (b), this subchapter applies to the issuance
of an order of nondisclosure of criminal history record information
for an offense committed before, on, or after September 1, 2017.
(b) Section 411.072 applies only to a person described by
Subsection (a) of that section who receives a discharge and
dismissal under Article 42A.111, Code of Criminal Procedure, on or
after September 1, 2017.
SECTION 2. Section 411.0735, Government Code, is amended to
read as follows:
Sec. 411.0735. PROCEDURE FOR CONVICTION [AND CONFINEMENT];
CERTAIN MISDEMEANORS. (a) This section applies only to a person
who:
(1) is convicted of a misdemeanor other than a
misdemeanor under Section 106.041, Alcoholic Beverage Code,
Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71,
Penal Code; and
(2) [is sentenced to and serves a period of
confinement; and
[(3)] is not eligible for an order of nondisclosure of
criminal history record information under Section 411.073.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who completes
the person's sentence [period of confinement and is released] 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 [an] offense that is [under the Transportation
Code] punishable by fine only.
(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 for which the person was convicted [giving
rise to the confinement].
(d) 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 second
anniversary of the date of completion of the person's sentence
[period of confinement].
SECTION 3. Section 411.074, Government Code, is amended to
read as follows:
Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF
NONDISCLOSURE. (a) A person may be granted an order of
nondisclosure of criminal history record information under this
subchapter and, when applicable, is entitled to petition the court
to receive an order under this subchapter only if, during the period
after the court pronounced the sentence or placed the person on
community supervision, including deferred adjudication community
supervision, for the offense for which the order of nondisclosure
is requested, and during any applicable waiting period that this
subchapter requires for the person after completion of the person's
sentence or community supervision, including deferred adjudication
community supervision [required by this subchapter], 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 [an] offense that is
[under the Transportation Code] punishable by fine only.
(b) A person may not be granted an order of nondisclosure of
criminal history record information under this subchapter and is
not entitled to petition the court for an order under this
subchapter if:
(1) the person requests the order of nondisclosure
[was convicted or placed on deferred adjudication community
supervision] for, or the person has been previously convicted of or
placed on [any other] deferred adjudication community supervision
under Subchapter C, Chapter 42A, Code of Criminal Procedure, for:
(A) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure;
(B) 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;
(C) 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
(D) any other offense involving family violence,
as defined by Section 71.004, Family Code; or
(2) the court makes an affirmative finding that the
offense for which the order of nondisclosure [of criminal history
record information] is requested involved family violence, as
defined by Section 71.004, Family Code.
SECTION 4. Section 32, Chapter 1279 (S.B. 1902), Acts of the
84th Legislature, Regular Session, 2015, is repealed.
SECTION 5. This Act takes effect September 1, 2017.