By: Alonzo H.B. No. 4143
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain criminal defendants 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 411.0729 to read as follows:
Sec. 411.0729. PROCEDURE FOR CERTAIN FINE-ONLY
MISDEMEANORS. (a) This section applies only to a person who is
convicted of and has satisfied the judgment for or who has received
a dismissal after deferral of disposition for a misdemeanor offense
punishable by fine only, other than an offense under the
Transportation Code or an offense under a municipal ordinance or
county order.
(b) Notwithstanding any other provision of this chapter or
Subchapter F, a person described by Subsection (a) may petition the
court that convicted or granted a dismissal to the person for an
order of nondisclosure of criminal history record information under
this section if the person:
(1) satisfies the requirements of 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 offense that is punishable by fine only,
regardless of whether that offense is subject to an order of
nondisclosure of criminal history record information granted under
this subchapter or any other law.
(c) After notice to the state, the court shall hold a
hearing on whether the person is entitled to file the petition and
whether issuance of the order is in the best interest of justice.
In determining whether granting the order is in the best interest of
justice, the court may consider the person's criminal history
record information among any other factors the court considers
relevant. If the court determines that granting 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 misdemeanor
offense that is the subject of the petition. As a condition of
granting the petition under this section for a person convicted of
the offense, a court may require the person to perform community
service, pay a fee, or both perform the community service and pay
the fee as if the person had been placed on probation pending
deferred disposition under Article 45.051, Code of Criminal
Procedure.
(d) A person may petition the court for an order of
nondisclosure of criminal history record information under this
section only on or after the first anniversary of the conviction or
dismissal, as applicable.
SECTION 2. Section 411.077, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), the [The] clerk
of a court that collects a fee in connection with a petition or
order for nondisclosure of criminal history record information
under this subchapter shall remit the fee to the comptroller not
later than the last day of the month following the end of the
calendar quarter in which the fee is collected, and the comptroller
shall deposit the fee in the general revenue fund.
(a-1) The clerk of a court that collects a fee paid under
Section 411.0745 for a petition filed under Section 411.0729 shall
deposit the fee to the credit of the general fund of the
municipality or county, as applicable.
SECTION 3. Section 411.0729, Government Code, as added by
this Act, applies to a person who petitions the court for an order
of nondisclosure of criminal history record information on or after
the effective date of this Act, regardless of whether the offense
that is the subject of the petition was committed before, on, or
after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2017.