Texas 2017 - 85th Regular

Texas Senate Bill SB1340 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11069 JRR-D
2	2	By: Hughes S.B. No. 1340
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of a criminal defendant for an order of
8	8	nondisclosure of criminal history record information.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter E-1, Chapter 411, Government Code, is
11	11	amended by adding Section 411.0716 to read as follows:
12	12	Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. (a) Except as
13	13	provided by Subsection (b), this subchapter applies to the issuance
14	14	of an order of nondisclosure of criminal history record information
15	15	for an offense committed before, on, or after September 1, 2017.
16	16	(b) Section 411.072 applies only to a person described by
17	17	Subsection (a) of that section who receives a discharge and
18	18	dismissal under Article 42A.111, Code of Criminal Procedure, on or
19	19	after September 1, 2017.
20	20	SECTION 2. Sections 411.072(a) and (b), Government Code,
21	21	are amended to read as follows:
22	22	(a) This section applies only to a person who:
23	23	(1) was placed on deferred adjudication community
24	24	supervision under Subchapter C [Section 5], Chapter 42A [Article
25	25	42.12], Code of Criminal Procedure, for a misdemeanor other than a
26	26	misdemeanor:
27	27	(A) under Chapter 20, 21, 22, 25, 42, 43, 46, or
28	28	71, Penal Code; or
29	29	(B) with respect to which an affirmative finding
30	30	under [Section 5(k),] Article 42A.105(f) [42.12], Code of Criminal
31	31	Procedure, was filed in the papers of the case; and
32	32	(2) has never been previously convicted of or placed
33	33	on deferred adjudication community supervision for another offense
34	34	other than a traffic [an] offense [under the Transportation Code]
35	35	that is punishable by fine only.
36	36	(b) Notwithstanding any other provision of this subchapter
37	37	or Subchapter F, if a person described by Subsection (a) receives a
38	38	discharge and dismissal under [Section 5(c),] Article 42A.111
39	39	[42.12], Code of Criminal Procedure, and satisfies the requirements
40	40	of Section 411.074, the court that placed the person on deferred
41	41	adjudication community supervision shall issue an order of
42	42	nondisclosure of criminal history record information under this
43	43	subchapter prohibiting criminal justice agencies from disclosing
44	44	to the public criminal history record information related to the
45	45	offense giving rise to the deferred adjudication community
46	46	supervision. The court shall determine whether the person
47	47	satisfies the requirements of Section 411.074, and if the court
48	48	makes a finding that the requirements of that section are
49	49	satisfied, the court shall issue the order of nondisclosure of
50	50	criminal history record information:
51	51	(1) at the time the court discharges and dismisses the
52	52	proceedings against the person, if the discharge and dismissal
53	53	occurs on or after the 180th day after the date the court placed the
54	54	person on deferred adjudication community supervision; or
55	55	(2) as soon as practicable on or after the 180th day
56	56	after the date the court placed the person on deferred adjudication
57	57	community supervision, if the discharge and dismissal occurred
58	58	before that date.
59	59	SECTION 3. The heading to Section 411.073, Government Code,
60	60	is amended to read as follows:
61	61	Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
62	62	FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL
63	63	FELONIES.
64	64	SECTION 4. Sections 411.073(a), (b), and (d), Government
65	65	Code, are amended to read as follows:
66	66	(a) This section applies only to a person placed on
67	67	community supervision under Chapter 42A [Article 42.12], Code of
68	68	Criminal Procedure:
69	69	(1) following a conviction of:
70	70	(A) a misdemeanor other than a misdemeanor:
71	71	(i) under Section 106.041, Alcoholic
72	72	Beverage Code, Section [49.04,] 49.05, 49.06, or 49.065, Penal
73	73	Code, or Chapter 71, Penal Code; or
74	74	(ii) punishable under Section 49.04(d),
75	75	Penal Code; or
76	76	(B) a state jail felony under Section 481.115,
77	77	481.1151, 481.116, 481.1161, or 481.121, Health and Safety Code;
78	78	and
79	79	(2) under a provision of Chapter 42A [Article 42.12],
80	80	Code of Criminal Procedure, other than Subchapter C [Section 5],
81	81	including:
82	82	(A) a provision that requires the person to serve
83	83	a term of confinement as a condition of community supervision; or
84	84	(B) another provision that authorizes placing a
85	85	person on community supervision after the person has served part of
86	86	a term of confinement imposed for the offense.
87	87	(b) Notwithstanding any other provision of this subchapter
88	88	or Subchapter F, a person described by Subsection (a) whose
89	89	community supervision is not revoked and who completes the period
90	90	of community supervision may petition the court that placed the
91	91	person on community supervision for an order of nondisclosure of
92	92	criminal history record information under this section if the
93	93	person:
94	94	(1) satisfies the requirements of this section and
95	95	Section 411.074; and
96	96	(2) has never been previously convicted of or placed
97	97	on deferred adjudication community supervision for another offense
98	98	other than a traffic [an] offense [under the Transportation Code]
99	99	that is punishable by fine only.
100	100	(d) A person may petition the court that placed the person
101	101	on community supervision for an order of nondisclosure of criminal
102	102	history record information under this section only on or after:
103	103	(1) the completion of the community supervision, if
104	104	the offense for which the person was placed on community
105	105	supervision was a misdemeanor other than a misdemeanor described by
106	106	Subdivision (2); [or]
107	107	(2) the second anniversary of the date of completion
108	108	of the community supervision, if the offense for which the person
109	109	was placed on community supervision was a misdemeanor under Chapter
110	110	20, 21, 22, 25, 42, 43, or 46, Penal Code; or
111	111	(3) the fifth anniversary of the date of completion of
112	112	the community supervision, if the offense for which the person was
113	113	placed on community supervision was a state jail felony.
114	114	SECTION 5. Section 411.0735, Government Code, is amended to
115	115	read as follows:
116	116	Sec. 411.0735. PROCEDURE FOR CONVICTION [AND CONFINEMENT];
117	117	CERTAIN MISDEMEANORS AND STATE JAIL FELONIES. (a) This section
118	118	applies only to a person who:
119	119	(1) is convicted of:
120	120	(A) a misdemeanor other than a misdemeanor:
121	121	(i) under Section 106.041, Alcoholic
122	122	Beverage Code, Section [49.04,] 49.05, 49.06, or 49.065, Penal
123	123	Code, or Chapter 71, Penal Code; or
124	124	(ii) punishable under Section 49.04(d),
125	125	Penal Code; or
126	126	(B) a state jail felony under Section 481.115,
127	127	481.1151, 481.116, 481.1161, or 481.121, Health and Safety Code;
128	128	and
129	129	(2) [is sentenced to and serves a period of
130	130	confinement; and
131	131	[(3)] is not eligible for an order of nondisclosure of
132	132	criminal history record information under Section 411.073.
133	133	(b) Notwithstanding any other provision of this subchapter
134	134	or Subchapter F, a person described by Subsection (a) who completes
135	135	the person's sentence [period of confinement and is released] may
136	136	petition the court that imposed the sentence for an order of
137	137	nondisclosure of criminal history record information under this
138	138	section if the person:
139	139	(1) satisfies the requirements of this section and
140	140	Section 411.074; and
141	141	(2) has never been previously convicted of or placed
142	142	on deferred adjudication community supervision for another offense
143	143	other than a traffic [an] offense that is [under the Transportation
144	144	Code] punishable by fine only.
145	145	(c) After notice to the state, an opportunity for a hearing,
146	146	and a determination that the person is entitled to file the petition
147	147	and issuance of the order is in the best interest of justice, the
148	148	court shall issue an order prohibiting criminal justice agencies
149	149	from disclosing to the public criminal history record information
150	150	related to the offense for which the person was convicted [giving
151	151	rise to the confinement].
152	152	(d) A person may petition the court that imposed the
153	153	sentence for an order of nondisclosure of criminal history record
154	154	information under this section only on or after:
155	155	(1) the date of completion of the person's sentence, if
156	156	the offense of which the person was convicted was a misdemeanor
157	157	punishable by fine only;
158	158	(2) the second anniversary of the date of completion
159	159	of the person's sentence, if the offense of which the person was
160	160	convicted was a misdemeanor other than a misdemeanor described by
161	161	Subdivision (1); or
162	162	(3) the fifth anniversary of the date of completion of
163	163	the person's sentence, if the offense of which the person was
164	164	convicted was a state jail felony [period of confinement].
165	165	SECTION 6. Section 411.074, Government Code, is amended to
166	166	read as follows:
167	167	Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF
168	168	NONDISCLOSURE. (a) A person may be granted an order of
169	169	nondisclosure of criminal history record information under this
170	170	subchapter and, when applicable, is entitled to petition the court
171	171	to receive an order under this subchapter only if, during the period
172	172	after the court pronounced the sentence or placed the person on
173	173	community supervision, including deferred adjudication community
174	174	supervision, for the offense for which the order of nondisclosure
175	175	is requested, and during any applicable waiting period for the
176	176	person under this subchapter following [after] completion of the
177	177	person's sentence or community supervision, including deferred
178	178	adjudication community supervision [required by this subchapter],
179	179	the person is not convicted of or placed on deferred adjudication
180	180	community supervision under Subchapter C, Chapter 42A, Code of
181	181	Criminal Procedure, for any offense other than a traffic [an]
182	182	offense that is [under the Transportation Code] punishable by fine
183	183	only.
184	184	(b) A person may not be granted an order of nondisclosure of
185	185	criminal history record information under this subchapter and is
186	186	not entitled to petition the court for an order of nondisclosure
187	187	under this subchapter if:
188	188	(1) the person requests the order of nondisclosure
189	189	[was convicted or placed on deferred adjudication community
190	190	supervision] for, or the person has been previously convicted of or
191	191	placed on [any other] deferred adjudication community supervision
192	192	under Subchapter C, Chapter 42A, Code of Criminal Procedure, for:
193	193	(A) an offense requiring registration as a sex
194	194	offender under Chapter 62, Code of Criminal Procedure;
195	195	(B) an offense under Section 20.04, Penal Code,
196	196	regardless of whether the offense is a reportable conviction or
197	197	adjudication for purposes of Chapter 62, Code of Criminal
198	198	Procedure;
199	199	(C) an offense under Section 19.02, 19.03,
200	200	20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
201	201	Code; or
202	202	(D) any other offense involving family violence,
203	203	as defined by Section 71.004, Family Code; or
204	204	(2) the court makes an affirmative finding that the
205	205	offense for which the order of nondisclosure [of criminal history
206	206	record information] is requested involved family violence, as
207	207	defined by Section 71.004, Family Code.
208	208	SECTION 7. Article 42A.105, Code of Criminal Procedure, is
209	209	amended to conform to Chapter 1279 (S.B. 1902), Acts of the 84th
210	210	Legislature, Regular Session, 2015, by adding Subsection (f) to
211	211	read as follows:
212	212	(f) If a judge places on deferred adjudication community
213	213	supervision a defendant charged with a misdemeanor other than a
214	214	misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal
215	215	Code, the judge shall make an affirmative finding of fact and file a
216	216	statement of that affirmative finding with the papers in the case if
217	217	the judge determines that it is not in the best interest of justice
218	218	that the defendant receive an automatic order of nondisclosure
219	219	under Section 411.072, Government Code.
220	220	SECTION 8. Section 32, Chapter 1279 (S.B. 1902), Acts of the
221	221	84th Legislature, Regular Session, 2015, is repealed.
222	222	SECTION 9. To the extent of any conflict, this Act prevails
223	223	over another Act of the 85th Legislature, Regular Session, 2017,
224	224	relating to nonsubstantive additions to and corrections in enacted
225	225	codes.
226	226	SECTION 10. This Act takes effect September 1, 2017.