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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain criminal defendants for an |
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order of nondisclosure of criminal history record information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.0725(e), Government Code, is amended |
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to read as follows: |
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(e) A person may petition the court that placed the person |
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on deferred adjudication community supervision for an order of |
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nondisclosure of criminal history record information under this |
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section only on or after: |
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(1) the discharge and dismissal, if the offense for |
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which the person was placed on deferred adjudication was a |
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misdemeanor other than a misdemeanor described by Subdivision (3) |
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[(2)]; |
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(2) the first anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a state jail felony under Section |
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481.115(b) or 481.116(b), Health and Safety Code; |
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(3) the second anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a misdemeanor under Chapter 20, 21, 22, |
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25, 42, 43, or 46, Penal Code; [or] |
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(4) the third anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was: |
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(A) a state jail felony other than a state jail |
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felony described by Subdivision (2); or |
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(B) a felony of the third degree; or |
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(5) [(3)] the fifth anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a felony other than a felony described by |
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Subdivision (2) or (4). |
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SECTION 2. Section 411.0735(d), Government Code, is amended |
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to read as follows: |
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(d) A person may petition the court that imposed the |
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sentence for an order of nondisclosure of criminal history record |
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information under this section only on or after: |
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(1) the date of completion of the person's sentence, if |
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the offense of which the person was convicted was a misdemeanor |
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punishable by fine only; [or] |
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(2) subject to Subdivision (3), the first anniversary |
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of the date of completion of the person's sentence, if the offense |
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of which the person was convicted was a misdemeanor other than a |
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misdemeanor described by Subdivision (1); or |
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(3) the second anniversary of the date of completion |
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of the person's sentence, if the offense of which the person was |
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convicted was a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or |
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46, Penal Code, other than a misdemeanor described by Subdivision |
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(1). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |