| 1 | 1 | | By: Uresti H.B. No. 4224 |
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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 expunction of certain records involving marihuana |
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| 7 | 7 | | possession. |
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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. Chapter 411, Government Code, is amended by |
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| 10 | 10 | | amending Section 411.074 to read as follows: |
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| 11 | 11 | | Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF |
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| 12 | 12 | | [NONDISCLOSURE] EXPUNCTION. |
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| 13 | 13 | | (a) A person may be granted an order of [nondisclosure] |
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| 14 | 14 | | expunction of criminal history record information under this |
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| 15 | 15 | | subchapter and, when applicable, is entitled to petition the court |
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| 16 | 16 | | to receive an order under this subchapter only if, during the period |
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| 17 | 17 | | after the court pronounced the sentence or placed the person on |
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| 18 | 18 | | deferred adjudication community supervision for the offense for |
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| 19 | 19 | | which the order of [nondisclosure] expunction is requested, and |
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| 20 | 20 | | during any applicable waiting period after completion of the |
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| 21 | 21 | | sentence or deferred adjudication community supervision required |
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| 22 | 22 | | by this subchapter, the person is not convicted of or placed on |
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| 23 | 23 | | deferred adjudication community supervision under Subchapter C, |
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| 24 | 24 | | Chapter 42A, Code of Criminal Procedure, for any offense other than |
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| 25 | 25 | | an offense under the Transportation Code punishable by fine only. |
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| 26 | 26 | | (b) A person may not be granted an order of [nondisclosure] |
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| 27 | 27 | | expunction of criminal history record information under this |
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| 28 | 28 | | subchapter and is not entitled to petition the court for an order |
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| 29 | 29 | | under this subchapter if: |
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| 30 | 30 | | (1) the person was convicted or placed on deferred |
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| 31 | 31 | | adjudication community supervision for or has been previously |
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| 32 | 32 | | convicted or placed on any other deferred adjudication community |
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| 33 | 33 | | supervision for: |
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| 34 | 34 | | (A) an offense requiring registration as a sex |
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| 35 | 35 | | offender under Chapter 62, Code of Criminal Procedure; |
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| 36 | 36 | | (B) an offense under Section 20.04, Penal Code, |
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| 37 | 37 | | regardless of whether the offense is a reportable conviction or |
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| 38 | 38 | | adjudication for purposes of Chapter 62, Code of Criminal |
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| 39 | 39 | | Procedure; |
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| 40 | 40 | | (C) an offense under Section 19.02, 19.03, |
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| 41 | 41 | | 20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal |
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| 42 | 42 | | Code; or |
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| 43 | 43 | | (D) any other offense involving family violence, |
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| 44 | 44 | | as defined by Section 71.004, Family Code; or |
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| 45 | 45 | | (2) the court makes an affirmative finding that the |
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| 46 | 46 | | offense for which the order of [nondisclosure] expunction of |
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| 47 | 47 | | criminal history record information is requested involved family |
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| 48 | 48 | | violence, as defined by Section 71.004, Family Code. |
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| 49 | 49 | | SECTION 2. This Act takes effect September 1, 2017. |
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