86R10624 JRR-F
By: Moody H.B. No. 2916
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. Section 411.073(b), Government Code, is amended
to read as follows:
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) whose
community supervision is not revoked and who completes the period
of community supervision, including any term of confinement imposed
and payment of all fines, costs, and restitution imposed, may
petition the court that placed the person on community supervision
for an order of nondisclosure of criminal history record
information under this section if the person:
(1) satisfies the requirements of this section and
Section 411.074; and
(2) has never been previously convicted of or placed
on deferred adjudication community supervision for:
(A) a felony; or
(B) a misdemeanor under Chapter 20, 21, 22, 25,
42, 43, 46, or 71, Penal Code [another offense other than a traffic
offense that is punishable by fine only].
SECTION 2. Section 411.0735(b), Government Code, is amended
to read as follows:
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who completes
the person's sentence, including any term of confinement imposed
and payment of all fines, costs, and restitution imposed, may
petition the court that imposed the sentence for an order of
nondisclosure of criminal history record information under this
section if the person:
(1) satisfies the requirements of this section and
Section 411.074; and
(2) has never been previously convicted of or placed
on deferred adjudication community supervision for:
(A) a felony; or
(B) a misdemeanor under Chapter 20, 21, 22, 25,
42, 43, 46, or 71, Penal Code [another offense other than a traffic
offense that is punishable by fine only].
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.