86R4897 JRR-F
By: White, Wu H.B. No. 566
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 411.0726 to read as follows:
Sec. 411.0726. PROCEDURE FOR CERTAIN CHARGED OFFENSES NOT
RESULTING 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) who satisfies
the requirements of this section may petition the court with
jurisdiction over 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).
(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 with jurisdiction over
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 the date on which, for
all offenses described by Subsection (a)(2), the person is fully
discharged from the person's sentence or has successfully completed
the person's term of deferred adjudication community supervision,
as applicable.
(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,
as described by Subsection (a)(2) or at any time before the petition
is filed, the person has been convicted of or placed on 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 411.0726.
SECTION 3. Section 411.0726, 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, 2019.