| 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. Subchapter E-1, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.0726 to read as follows: |
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| 12 | 12 | | Sec. 411.0726. PROCEDURE FOR CERTAIN CHARGED OFFENSES NOT |
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| 13 | 13 | | RESULTING IN CONVICTION OR DEFERRED ADJUDICATION. (a) This |
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| 14 | 14 | | section applies only to a person who is: |
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| 15 | 15 | | (1) charged with more than one offense arising out of |
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| 16 | 16 | | the same criminal episode; |
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| 17 | 17 | | (2) convicted of or placed on deferred adjudication |
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| 18 | 18 | | community supervision for at least one but not all of the offenses |
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| 19 | 19 | | charged; and |
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| 20 | 20 | | (3) charged with another offense arising out of that |
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| 21 | 21 | | criminal episode that: |
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| 22 | 22 | | (A) resulted in acquittal; or |
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| 23 | 23 | | (B) is dismissed by the court or the attorney |
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| 24 | 24 | | representing the state. |
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| 25 | 25 | | (b) Notwithstanding any other provision of this subchapter |
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| 26 | 26 | | or Subchapter F, a person described by Subsection (a) who satisfies |
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| 27 | 27 | | the requirements of this section may petition the court with |
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| 28 | 28 | | jurisdiction over the offense described by Subsection (a)(2) for an |
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| 29 | 29 | | order of nondisclosure of criminal history record information under |
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| 30 | 30 | | this section with respect to an offense described by Subsection |
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| 31 | 31 | | (a)(3). |
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| 32 | 32 | | (c) After notice to the state, an opportunity for a hearing, |
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| 33 | 33 | | and a determination that the person is entitled to file the petition |
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| 34 | 34 | | and issuance of the order is in the best interest of justice, the |
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| 35 | 35 | | court shall issue an order prohibiting criminal justice agencies |
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| 36 | 36 | | from disclosing to the public criminal history record information |
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| 37 | 37 | | related to an offense described by Subsection (a)(3). |
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| 38 | 38 | | (d) A person may petition the court with jurisdiction over |
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| 39 | 39 | | the offense described by Subsection (a)(2) for an order of |
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| 40 | 40 | | nondisclosure of criminal history record information under this |
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| 41 | 41 | | section with respect to an offense described by Subsection (a)(3) |
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| 42 | 42 | | only on or after the second anniversary of the date on which, for |
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| 43 | 43 | | all offenses described by Subsection (a)(2), the person is fully |
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| 44 | 44 | | discharged from the person's sentence or has successfully completed |
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| 45 | 45 | | the person's term of deferred adjudication community supervision, |
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| 46 | 46 | | as applicable. |
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| 47 | 47 | | (e) A person is entitled to petition the court to receive an |
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| 48 | 48 | | order of nondisclosure of criminal history record information |
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| 49 | 49 | | under this section only if, during the period after the court |
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| 50 | 50 | | pronounced the sentence or placed the person on community |
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| 51 | 51 | | supervision, including deferred adjudication community |
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| 52 | 52 | | supervision, and during the waiting period required by Subsection |
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| 53 | 53 | | (d), the person is not convicted of or placed on deferred |
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| 54 | 54 | | adjudication community supervision under Subchapter C, Chapter |
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| 55 | 55 | | 42A, Code of Criminal Procedure, for any offense other than a |
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| 56 | 56 | | traffic offense that is punishable by fine only. |
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| 57 | 57 | | (f) A person may not be granted an order of nondisclosure of |
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| 58 | 58 | | criminal history record information under this section and is not |
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| 59 | 59 | | entitled to petition the court for an order under this section if, |
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| 60 | 60 | | as described by Subsection (a)(2) or at any time before the petition |
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| 61 | 61 | | is filed, the person has been convicted of or placed on deferred |
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| 62 | 62 | | adjudication community supervision for: |
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| 63 | 63 | | (1) an offense requiring registration as a sex |
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| 64 | 64 | | offender under Chapter 62, Code of Criminal Procedure; |
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| 65 | 65 | | (2) an offense under Section 20.04, Penal Code, |
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| 66 | 66 | | regardless of whether the offense is a reportable conviction or |
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| 67 | 67 | | adjudication for purposes of Chapter 62, Code of Criminal |
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| 68 | 68 | | Procedure; |
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| 69 | 69 | | (3) an offense under Section 19.02, 19.03, 20A.02, |
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| 70 | 70 | | 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code; or |
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| 71 | 71 | | (4) any other offense involving family violence, as |
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| 72 | 72 | | defined by Section 71.004, Family Code. |
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| 73 | 73 | | SECTION 2. Section 411.074, Government Code, is amended by |
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| 74 | 74 | | adding Subsection (c) to read as follows: |
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| 75 | 75 | | (c) This section does not apply to an order of nondisclosure |
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| 76 | 76 | | of criminal history record information under Section 411.0726. |
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| 77 | 77 | | SECTION 3. Section 411.0726, Government Code, as added by |
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| 78 | 78 | | this Act, applies to a person who petitions the court for an order |
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| 79 | 79 | | of nondisclosure of criminal history record information on or after |
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| 80 | 80 | | the effective date of this Act, regardless of whether the charged |
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| 81 | 81 | | offense that is the subject of the petition was allegedly committed |
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| 82 | 82 | | before, on, or after the effective date of this Act. |
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| 83 | 83 | | SECTION 4. This Act takes effect September 1, 2019. |
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