| 1 | 1 | | 86R10624 JRR-F |
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| 2 | 2 | | By: Moody H.B. No. 2916 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the eligibility of certain criminal defendants for an |
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| 8 | 8 | | order of nondisclosure of criminal history record information. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 411.073(b), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (b) Notwithstanding any other provision of this subchapter |
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| 13 | 13 | | or Subchapter F, a person described by Subsection (a) whose |
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| 14 | 14 | | community supervision is not revoked and who completes the period |
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| 15 | 15 | | of community supervision, including any term of confinement imposed |
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| 16 | 16 | | and payment of all fines, costs, and restitution imposed, may |
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| 17 | 17 | | petition the court that placed the person on community supervision |
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| 18 | 18 | | for an order of nondisclosure of criminal history record |
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| 19 | 19 | | information under this section if the person: |
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| 20 | 20 | | (1) satisfies the requirements of this section and |
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| 21 | 21 | | Section 411.074; and |
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| 22 | 22 | | (2) has never been previously convicted of or placed |
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| 23 | 23 | | on deferred adjudication community supervision for: |
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| 24 | 24 | | (A) a felony; or |
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| 25 | 25 | | (B) a misdemeanor under Chapter 20, 21, 22, 25, |
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| 26 | 26 | | 42, 43, 46, or 71, Penal Code [another offense other than a traffic |
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| 27 | 27 | | offense that is punishable by fine only]. |
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| 28 | 28 | | SECTION 2. Section 411.0735(b), Government Code, is amended |
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| 29 | 29 | | to read as follows: |
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| 30 | 30 | | (b) Notwithstanding any other provision of this subchapter |
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| 31 | 31 | | or Subchapter F, a person described by Subsection (a) who completes |
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| 32 | 32 | | the person's sentence, including any term of confinement imposed |
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| 33 | 33 | | and payment of all fines, costs, and restitution imposed, may |
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| 34 | 34 | | petition the court that imposed the sentence for an order of |
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| 35 | 35 | | nondisclosure of criminal history record information under this |
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| 36 | 36 | | section if the person: |
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| 37 | 37 | | (1) satisfies the requirements of this section and |
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| 38 | 38 | | Section 411.074; and |
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| 39 | 39 | | (2) has never been previously convicted of or placed |
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| 40 | 40 | | on deferred adjudication community supervision for: |
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| 41 | 41 | | (A) a felony; or |
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| 42 | 42 | | (B) a misdemeanor under Chapter 20, 21, 22, 25, |
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| 43 | 43 | | 42, 43, 46, or 71, Penal Code [another offense other than a traffic |
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| 44 | 44 | | offense that is punishable by fine only]. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2019. |
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