85R10568 JRR-D
By: West S.B. No. 1933
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 411.0727 to read as follows:
Sec. 411.0727. PROCEDURE FOR CERTAIN CHARGED OFFENSES THAT
DID NOT RESULT IN CONVICTION OR DEFERRED ADJUDICATION. (a) This
section applies only to a person who is:
(1) charged with more than one offense arising out of
the same criminal episode;
(2) convicted of or placed on deferred adjudication
community supervision for at least one but not all of the offenses
charged; and
(3) charged with another offense arising out of that
criminal episode that:
(A) resulted in acquittal; or
(B) is dismissed by the court or the attorney
representing the state.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) may petition
the court that imposed the sentence or placed the person on
community supervision, including deferred adjudication community
supervision, as applicable, for the offense described by Subsection
(a)(2) for an order of nondisclosure of criminal history record
information under this section if:
(1) the person satisfies the requirements of this
section; and
(2) the order is sought for an offense described by
Subsection (a)(3).
(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 an offense described by Subsection (a)(3).
(d) A person may petition the court that imposed the
sentence or placed the person on community supervision, including
deferred adjudication community supervision, as applicable, for
the offense described by Subsection (a)(2) for an order of
nondisclosure of criminal history record information under this
section with respect to an offense described by Subsection (a)(3)
only on or after the second anniversary of, as applicable:
(1) the date of completion of:
(A) the person's sentence for each offense
described by Subsection (a)(2); or
(B) the community supervision for each offense
described by Subsection (a)(2); or
(2) the discharge and dismissal under Article 42A.111,
Code of Criminal Procedure, for each offense described by
Subsection (a)(2).
(e) A person is entitled to petition the court to receive an
order of nondisclosure of criminal history record information
under this section only if, during the period after the court
pronounced the sentence or placed the person on community
supervision, including deferred adjudication community
supervision, and during the waiting period required by Subsection
(d), 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 offense that is punishable by fine only.
(f) A person may not be granted an order of nondisclosure of
criminal history record information under this section and is not
entitled to petition the court for an order under this section if
the person was convicted or placed on deferred adjudication
community supervision under Subsection (a)(2) for or has been
previously convicted or placed on any other deferred adjudication
community supervision for:
(1) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure;
(2) 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;
(3) 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
(4) any other offense involving family violence, as
defined by Section 71.004, Family Code.
SECTION 2. Section 411.074, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) This section does not apply to an order of nondisclosure
of criminal history record information under Section 411.0727.
SECTION 3. Section 411.0727, 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 charged
offense that is the subject of the petition was allegedly committed
before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2017.