Bill Text: TX HB992 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to the eligibility for an order of nondisclosure of criminal history record information of a criminal defendant who has successfully completed a specialty court program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-11-12 - Filed [HB992 Detail]

Download: Texas-2025-HB992-Introduced.html
  89R1432 JSC-D
 
  By: Johnson H.B. No. 992
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility for an order of nondisclosure of
  criminal history record information of a criminal defendant who has
  successfully completed a specialty court program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 126.004(d), Government Code, is amended
  to read as follows:
         (d)  A program established under this chapter shall provide
  each program participant with information related to the right to
  petition for an order of nondisclosure of criminal history record
  information under Section 411.0727 or 411.0728.
         SECTION 2.  Section 411.0727, Government Code, is amended to
  read as follows:
         Sec. 411.0727.  PROCEDURE FOLLOWING SUCCESSFUL COMPLETION
  OF SPECIALTY [VETERANS TREATMENT] COURT PROGRAM.  (a)  This section
  applies only to a person who successfully completes a specialty 
  [veterans treatment] court program under Subtitle K, Title 2,
  [Chapter 124] or former law.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) is entitled to
  file with the court that placed the person in the specialty 
  [veterans treatment] court program a petition 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;
               (2)  has never been previously convicted of an offense
  listed in Article 42A.054(a), Code of Criminal Procedure, or a
  sexually violent offense, as defined by Article 62.001, Code of
  Criminal Procedure; and
               (3)  is not convicted of any felony offense between the
  date on which the person successfully completed the program and the
  second anniversary of that date.
         (c)  Regardless of whether the person was convicted of or
  placed on deferred adjudication community supervision for the
  offense for which the person entered the specialty [veterans
  treatment] court program or whether the case against the person was
  dismissed following successful completion of the applicable
  specialty court program [under Section 124.001(b)], 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 entered the specialty [veterans treatment]
  court program.
         (d)  A person may file with the court that placed the person
  in the specialty [veterans treatment] court program a petition for
  an order of nondisclosure of criminal history record information
  under this section only on or after the second anniversary of the
  date the person successfully completed the program.
         (e)  A person is not entitled to petition the court for an
  order of nondisclosure of criminal history record information under
  this section if the person's entry into the specialty [veterans
  treatment] court program arose as the result of a conviction of an
  offense involving the operation of a motor vehicle while
  intoxicated.
         SECTION 3.  Sections 123.001(b) and (c), Government Code,
  are repealed.
         SECTION 4.  This Act takes effect September 1, 2025.
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