| 1 | 1 | | By: Alonzo H.B. No. 4143 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the eligibility of certain criminal defendants for an |
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| 7 | 7 | | order of nondisclosure of criminal history record information. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter E-1, Chapter 411, Government Code, |
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| 10 | 10 | | is amended by adding Section 411.0729 to read as follows: |
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| 11 | 11 | | Sec. 411.0729. PROCEDURE FOR CERTAIN FINE-ONLY |
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| 12 | 12 | | MISDEMEANORS. (a) This section applies only to a person who is |
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| 13 | 13 | | convicted of and has satisfied the judgment for or who has received |
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| 14 | 14 | | a dismissal after deferral of disposition for a misdemeanor offense |
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| 15 | 15 | | punishable by fine only, other than an offense under the |
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| 16 | 16 | | Transportation Code or an offense under a municipal ordinance or |
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| 17 | 17 | | county order. |
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| 18 | 18 | | (b) Notwithstanding any other provision of this chapter or |
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| 19 | 19 | | Subchapter F, a person described by Subsection (a) may petition the |
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| 20 | 20 | | court that convicted or granted a dismissal to the person for an |
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| 21 | 21 | | order of nondisclosure of criminal history record information under |
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| 22 | 22 | | this section if the person: |
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| 23 | 23 | | (1) satisfies the requirements of Section 411.074; and |
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| 24 | 24 | | (2) has never been previously convicted of or placed |
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| 25 | 25 | | on deferred adjudication community supervision for another offense |
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| 26 | 26 | | other than a traffic offense that is punishable by fine only, |
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| 27 | 27 | | regardless of whether that offense is subject to an order of |
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| 28 | 28 | | nondisclosure of criminal history record information granted under |
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| 29 | 29 | | this subchapter or any other law. |
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| 30 | 30 | | (c) After notice to the state, the court shall hold a |
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| 31 | 31 | | hearing on whether the person is entitled to file the petition and |
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| 32 | 32 | | whether issuance of the order is in the best interest of justice. |
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| 33 | 33 | | In determining whether granting the order is in the best interest of |
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| 34 | 34 | | justice, the court may consider the person's criminal history |
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| 35 | 35 | | record information among any other factors the court considers |
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| 36 | 36 | | relevant. If the court determines that granting the order is in the |
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| 37 | 37 | | best interest of justice, the court shall issue an order |
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| 38 | 38 | | prohibiting criminal justice agencies from disclosing to the public |
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| 39 | 39 | | criminal history record information related to the misdemeanor |
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| 40 | 40 | | offense that is the subject of the petition. As a condition of |
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| 41 | 41 | | granting the petition under this section for a person convicted of |
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| 42 | 42 | | the offense, a court may require the person to perform community |
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| 43 | 43 | | service, pay a fee, or both perform the community service and pay |
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| 44 | 44 | | the fee as if the person had been placed on probation pending |
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| 45 | 45 | | deferred disposition under Article 45.051, Code of Criminal |
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| 46 | 46 | | Procedure. |
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| 47 | 47 | | (d) A person may petition the court for an order of |
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| 48 | 48 | | nondisclosure of criminal history record information under this |
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| 49 | 49 | | section only on or after the first anniversary of the conviction or |
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| 50 | 50 | | dismissal, as applicable. |
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| 51 | 51 | | SECTION 2. Section 411.077, Government Code, is amended by |
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| 52 | 52 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 53 | 53 | | follows: |
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| 54 | 54 | | (a) Except as provided by Subsection (a-1), the [The] clerk |
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| 55 | 55 | | of a court that collects a fee in connection with a petition or |
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| 56 | 56 | | order for nondisclosure of criminal history record information |
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| 57 | 57 | | under this subchapter shall remit the fee to the comptroller not |
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| 58 | 58 | | later than the last day of the month following the end of the |
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| 59 | 59 | | calendar quarter in which the fee is collected, and the comptroller |
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| 60 | 60 | | shall deposit the fee in the general revenue fund. |
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| 61 | 61 | | (a-1) The clerk of a court that collects a fee paid under |
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| 62 | 62 | | Section 411.0745 for a petition filed under Section 411.0729 shall |
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| 63 | 63 | | deposit the fee to the credit of the general fund of the |
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| 64 | 64 | | municipality or county, as applicable. |
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| 65 | 65 | | SECTION 3. Section 411.0729, Government Code, as added by |
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| 66 | 66 | | this Act, applies to a person who petitions the court for an order |
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| 67 | 67 | | of nondisclosure of criminal history record information on or after |
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| 68 | 68 | | the effective date of this Act, regardless of whether the offense |
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| 69 | 69 | | that is the subject of the petition was committed before, on, or |
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| 70 | 70 | | after the effective date of this Act. |
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| 71 | 71 | | SECTION 4. This Act takes effect September 1, 2017. |
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