86R4899 JCG-D
By: White H.B. No. 691
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 411.072(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person who[:
[(1)] was placed on deferred adjudication community
supervision under Subchapter C, Chapter 42A, Code of Criminal
Procedure, for a misdemeanor other than a misdemeanor:
(1) [(A)] under Chapter 20, 21, 22, 25, 42, 43, 46, or
71, Penal Code; or
(2) [(B)] with respect to which an affirmative finding
under Article 42A.105(f), Code of Criminal Procedure, or former
Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
in the papers of the case[; and
[(2) has never been previously convicted of or placed
on deferred adjudication community supervision for another offense
other than a traffic offense that is punishable by fine only].
SECTION 2. 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 another offense
other than a traffic offense that is punishable by fine only].
SECTION 3. Section 411.0731(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 another offense
other than a traffic offense that is punishable by fine only].
SECTION 4. 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 another offense
other than a traffic offense that is punishable by fine only].
SECTION 5. Section 411.0736(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 another offense
other than a traffic offense that is punishable by fine only].
SECTION 6. This Act takes effect September 1, 2019.