85R17807 JRR-D
By: Thompson of Harris, Alonzo H.B. No. 3016
Substitute the following for H.B. No. 3016:
By: Moody C.S.H.B. No. 3016
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 411.072, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) This section applies only to a person who:
(1) was placed on deferred adjudication community
supervision under Subchapter C [Section 5], Chapter 42A [Article
42.12], Code of Criminal Procedure, for a misdemeanor other than a
misdemeanor:
(A) under Chapter 20, 21, 22, 25, 42, 43, 46, or
71, Penal Code; or
(B) with respect to which an affirmative finding
under [Section 5(k),] Article 42A.105(f) [42.12], Code of Criminal
Procedure, was filed in the papers of the case; and
(2) has never been previously convicted of or placed
on deferred adjudication community supervision for another offense
other than a traffic [an] offense [under the Transportation Code]
that is punishable by fine only.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, if a person described by Subsection (a) receives a
discharge and dismissal under [Section 5(c),] Article 42A.111
[42.12], Code of Criminal Procedure, and satisfies the requirements
of Section 411.074, the court that placed the person on deferred
adjudication community supervision shall 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.
(d) A person who is not 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, 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. The heading to Section 411.073, Government Code,
is amended to read as follows:
Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL
FELONIES.
SECTION 4. Sections 411.073(a), (b), and (d), Government
Code, are amended to read as follows:
(a) This section applies only to a person placed on
community supervision under Chapter 42A [Article 42.12], Code of
Criminal Procedure:
(1) following a conviction of:
(A) 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; or
(B) a state jail felony under Section 481.115,
481.1151, 481.116, 481.1161, or 481.121, Health and Safety Code;
and
(2) under a provision of Chapter 42A [Article 42.12],
Code of Criminal Procedure, other than Subchapter C [Section 5],
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 [an] offense [under the Transportation Code]
that is punishable by fine only.
(d) 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:
(1) the completion of the community supervision, if
the offense for which the person was placed on community
supervision was a misdemeanor other than a misdemeanor described by
Subdivision (2); [or]
(2) the second anniversary of the date of completion
of the community supervision, if the offense for which the person
was placed on community supervision was a misdemeanor under Chapter
20, 21, 22, 25, 42, 43, or 46, Penal Code; or
(3) the fifth anniversary of the date of completion of
the community supervision, if the offense for which the person was
placed on community supervision was a state jail felony.
SECTION 5. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0731 to read as follows:
Sec. 411.0731. PROCEDURE FOR COMMUNITY SUPERVISION
FOLLOWING CONVICTION; CERTAIN DRIVING WHILE INTOXICATED
CONVICTIONS. (a) This section applies only to a person placed on
community supervision under Chapter 42A, Code of Criminal
Procedure:
(1) following a conviction of an offense under Section
49.04, Penal Code, other than an offense punishable under
Subsection (d) of that section; 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;
(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; and
(3) either:
(A) successfully completed a condition of
community supervision, or complied with a provision of a court
order entered on or after the conviction, that, for a period of not
less than six months, restricted the person's operation of a motor
vehicle to a motor vehicle equipped with an ignition interlock
device; or
(B) agrees to comply with an order issued under
Subsection (d)(2) restricting the person's operation of a motor
vehicle to a motor vehicle equipped with an ignition interlock
device for a period of not less than six months.
(c) A petition for an order of nondisclosure of criminal
history record information filed under this section must include
evidence that the person is entitled to file the petition.
(d) Except as provided by Subsection (f), 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 an order
of nondisclosure of criminal history record information is in the
best interest of justice, the court shall:
(1) 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, if the person satisfied the requirement of Subsection
(b)(3)(A); or
(2) as a condition of entering any future order of
nondisclosure of criminal history record information regarding the
offense under Section 49.04, Penal Code, issue an order in a manner
consistent with Section 521.246, Transportation Code, restricting
the person's operation of a motor vehicle, for a period of not less
than six months, to a motor vehicle equipped with an ignition
interlock device, if the person satisfied the requirement of
Subsection (b)(3)(B).
(e) On receiving evidence sufficient to the court that a
person ordered to install and use an ignition interlock device
under Subsection (d)(2) successfully completed all of the terms of
the order and that during the period following the issuance of that
order the person has not been 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 offense that is punishable by fine only, the court that
placed the person on community supervision 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.
(f) A court may not issue an order of nondisclosure of
criminal history record information under this section or issue an
order under Subsection (d)(2) if the attorney representing the
state presents evidence sufficient to the court demonstrating that
the commission of the offense for which the order is sought resulted
in a motor vehicle accident involving another person, including a
passenger in a motor vehicle operated by the person seeking the
order of nondisclosure.
(g) 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
second anniversary of the date of completion of the community
supervision.
SECTION 6. Section 411.0735, Government Code, is amended to
read as follows:
Sec. 411.0735. PROCEDURE FOR CONVICTION [AND CONFINEMENT];
CERTAIN MISDEMEANORS AND STATE JAIL FELONIES. (a) This section
applies only to a person who:
(1) is convicted of:
(A) 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; or
(B) a state jail felony under Section 481.115,
481.1151, 481.116, 481.1161, or 481.121, Health and Safety 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, including any term of confinement imposed
and payment of all fines, costs, and restitution imposed, [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:
(1) the date of completion of the person's sentence, if
the offense of which the person was convicted was a misdemeanor
punishable by fine only;
(2) the second anniversary of the date of completion
of the person's sentence, if the offense of which the person was
convicted was a misdemeanor other than a misdemeanor described by
Subdivision (1); or
(3) the fifth anniversary of the date of completion of
the person's sentence, if the offense of which the person was
convicted was a state jail felony [period of confinement].
SECTION 7. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0736 to read as follows:
Sec. 411.0736. PROCEDURE FOR CONVICTION; CERTAIN DRIVING
WHILE INTOXICATED CONVICTIONS. (a) This section applies only to a
person who:
(1) is convicted of an offense under Section 49.04,
Penal Code, other than an offense punishable under Subsection (d)
of that section; and
(2) is not eligible for an order of nondisclosure of
criminal history record information under Section 411.0731.
(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;
(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; and
(3) either:
(A) successfully completed a condition of the
sentence, or complied with a provision of a court order entered on
or after conviction, that, for a period of not less than six months,
restricted the person's operation of a motor vehicle to a motor
vehicle equipped with an ignition interlock device; or
(B) agrees to comply with an order issued under
Subsection (d)(2) restricting the person's operation of a motor
vehicle to a motor vehicle equipped with an ignition interlock
device for a period not to exceed six months.
(c) A petition for an order of nondisclosure of criminal
history record information filed under this section must include
evidence that the person is entitled to file the petition.
(d) Except as provided by Subsection (f), 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 an order
of nondisclosure of criminal history record information is in the
best interest of justice, the court shall:
(1) 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, if the person satisfied the requirement of Subsection
(b)(3)(A); or
(2) as a condition of entering any future order of
nondisclosure of criminal history record information regarding the
offense under Section 49.04, Penal Code, issue an order in a manner
consistent with Section 521.246, Transportation Code, restricting
the person's operation of a motor vehicle, for a period of not less
than six months, to a motor vehicle equipped with an ignition
interlock device, if the person satisfied the requirement of
Subsection (b)(3)(B).
(e) On receiving evidence sufficient to the court that a
person ordered to install and use an ignition interlock device
under Subsection (d)(2) successfully completed all of the terms of
the order and that during the period following the issuance of that
order the person has not been 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 offense that is punishable by fine only, the court that
imposed the sentence shall issue an order prohibiting criminal
justice agencies from disclosing to the public criminal history
record information related to the offense of which the person was
convicted.
(f) A court may not issue an order of nondisclosure of
criminal history record information under this section or issue an
order under Subsection (d)(2) if the attorney representing the
state presents evidence sufficient to the court demonstrating that
the commission of the offense for which the order is sought resulted
in a motor vehicle accident involving another person, including a
passenger in a motor vehicle operated by the person seeking the
order of nondisclosure.
(g) A person may petition the court that imposed the
sentence for an order of nondisclosure of criminal history record
information under this section on or after the third anniversary of
the date of completion of the person's sentence.
SECTION 8. 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 for the
person under this subchapter following [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 of nondisclosure
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 9. Section 411.0765(a), Government Code, is amended
to read as follows:
(a) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
of criminal history record information under this subchapter only:
(1) to other criminal justice agencies;
(2) [,] for criminal justice or regulatory licensing
purposes;
(3) to [,] an agency or entity listed in Subsection
(b);
(4) to [, or] the person who is the subject of the
order; or
(5) for the purpose of complying with a requirement
under federal law or if federal law requires the disclosure as a
condition of receiving federal highway funds.
SECTION 10. Article 42A.105, Code of Criminal Procedure, is
amended to conform to Chapter 1279 (S.B. 1902), Acts of the 84th
Legislature, Regular Session, 2015, by adding Subsection (f) to
read as follows:
(f) If a judge places on deferred adjudication community
supervision a defendant charged with a misdemeanor other than a
misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal
Code, the judge shall make an affirmative finding of fact and file a
statement of that affirmative finding with the papers in the case if
the judge determines that it is not in the best interest of justice
that the defendant receive an automatic order of nondisclosure
under Section 411.072, Government Code.
SECTION 11. Section 32, Chapter 1279 (S.B. 1902), Acts of
the 84th Legislature, Regular Session, 2015, is repealed.
SECTION 12. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 13. This Act takes effect September 1, 2017.