Bill Text: TX HB1737 | 2023-2024 | 88th Legislature | Introduced

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

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Bill Title: Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Engrossed - Dead) 2023-05-18 - Left pending in committee [HB1737 Detail]

Download: Texas-2023-HB1737-Introduced.html

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88R3278 JRR-D
By: Leach H.B. No. 1737

A BILL TO BE ENTITLED
AN ACT
relating to automatic orders of nondisclosure of criminal history
record information for certain misdemeanor defendants following
successful completion of a period of deferred adjudication
community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.0716, Government Code, is amended to
read as follows:
Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. This [(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
January [September] 1, 2024 [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 411.072, Government Code, is amended to
read as follows:
Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY
SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) A person is
entitled to an order of nondisclosure of criminal history record
information under this [This] section if [applies only to a person
who]:
(1) the person was placed on deferred adjudication
community supervision under Subchapter C, Chapter 42A, Code of
Criminal Procedure, for a misdemeanor other than a misdemeanor:
(A) under:
(i) Section 49.04 or 49.06, Penal Code; or
(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or
71, Penal Code; or
(B) with respect to which an affirmative finding
under Article 42A.105(f), Code of Criminal Procedure, or former
Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
in the papers of the case; [and]
(2) the person received a dismissal and discharge
under Article 42A.111, Code of Criminal Procedure, for the offense
described by Subdivision (1);
(3) at least 180 days have elapsed from the date the
person was placed on deferred adjudication community supervision
for the offense described by Subdivision (1);
(4) the person satisfies the requirements of Section
411.074;
(5) the person 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; and
(6) the person has not received an order of
nondisclosure of criminal history record information under this
section.
(b) Not later than the 15th day of each month, the
department shall:
(1) review the records in the department's
computerized criminal history system and, based on the relevant
information present in the system, identify each person who meets
the criteria provided by Subsection (a); and
(2) provide notice and a list to the clerk of the
applicable court that placed each person identified under
Subdivision (1) on deferred adjudication community supervision
indicating that each person may be entitled to an order of
nondisclosure of criminal history record information under this
section.
(c) For purposes of identifying persons under Subsection
(b)(1), if the computerized criminal history system or applicable
court records do not indicate whether a person received a dismissal
and discharge, the person is considered to satisfy the requirements
of Subsection (a)(2) if:
(1) the applicable court records do not contain an
order revoking the person's deferred adjudication community
supervision; and
(2) the date on which the period of deferred
adjudication community supervision imposed in the person's case
expires has elapsed.
(d) Notwithstanding any other provision of this subchapter
or Subchapter F, if a [person described by Subsection (a) receives a
discharge and dismissal under Article 42A.111, Code of Criminal
Procedure, and satisfies the requirements of Section 411.074, the]
court that placed a [the] person on deferred adjudication community
supervision receives notice from the department under Subsection
(b) applicable to the person, the court shall, as soon as
practicable after the receipt of the notice, issue an order of
nondisclosure of criminal history record information under this
subchapter prohibiting criminal justice agencies from disclosing
to the public criminal history record information related to the
offense giving rise to the deferred adjudication community
supervision. [The court shall determine whether the person
satisfies the requirements of Section 411.074, and if the court
makes a finding that the requirements of that section are
satisfied, the court shall issue the order of nondisclosure of
criminal history record information:
[(1) at the time the court discharges and dismisses
the proceedings against the person, if the discharge and dismissal
occurs on or after the 180th day after the date the court placed the
person on deferred adjudication community supervision; or
[(2) as soon as practicable on or after the 180th day
after the date the court placed the person on deferred adjudication
community supervision, if the discharge and dismissal occurred
before that date.]
(e) A [(c) The] person who is entitled to an order of
nondisclosure of criminal history record information under this
section but who is not identified by the department under
Subsection (b) may [shall] present to the court that placed the
person on deferred adjudication community supervision any evidence
necessary to establish that the person is entitled [eligible] to
receive an order of nondisclosure of criminal history record
information under this section. The court shall prescribe the
manner in which the person may present the evidence to the court
under this subsection. The court shall determine whether the
person satisfies the requirements of this section, and if the court
makes a finding that the requirements of this section are
satisfied, the court shall issue an order of nondisclosure of
criminal history record information under Subsection (d) as soon as
practicable after making the finding.
(f) Notwithstanding any other law, a [The] person who is
entitled to an order of nondisclosure of criminal history record
information under this section may not be required to [must] pay any
[a $28] fee relating to the issuance of [to the clerk of the court
before the court issues] the order.
(g) [(d)] A person who is not entitled [eligible] to receive
an order of nondisclosure of criminal history record information
under this section solely because an affirmative finding under
Article 42A.105(f), Code of Criminal Procedure, or former Section
5(k), Article 42.12, Code of Criminal Procedure, was filed in the
papers of the case may file a petition for an order of nondisclosure
of criminal history record information under Section 411.0725 if
the person otherwise satisfies the requirements of that section.
SECTION 3. Section 411.0725(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person placed on deferred
adjudication community supervision under Subchapter C, Chapter
42A, Code of Criminal Procedure, who:
(1) is not entitled [eligible] to receive an order of
nondisclosure of criminal history record information under Section
411.072; and
(2) was placed on deferred adjudication community
supervision for an offense other than an offense under Section
49.04 or 49.06, Penal Code.
SECTION 4. This Act takes effect January 1, 2024.