| 1 | 1 | | 86R13545 JSC-D |
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| 2 | 2 | | By: West S.B. No. 1686 |
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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. Subchapter E-1, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.0732 to read as follows: |
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| 12 | 12 | | Sec. 411.0732. PROCEDURE FOR COMMUNITY SUPERVISION |
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| 13 | 13 | | FOLLOWING CONVICTION: CERTAIN MISDEMEANORS AND FELONIES. (a) This |
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| 14 | 14 | | section applies only to a person placed on community supervision |
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| 15 | 15 | | under Chapter 42A, Code of Criminal Procedure: |
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| 16 | 16 | | (1) following a conviction of an offense other than: |
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| 17 | 17 | | (A) an offense under Section 106.041, Alcoholic |
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| 18 | 18 | | Beverage Code, or Section 49.04, 49.045, 49.05, 49.06, 49.065, |
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| 19 | 19 | | 49.07, or 49.08, Penal Code; |
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| 20 | 20 | | (B) a felony under Title 5, Penal Code; |
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| 21 | 21 | | (C) an offense for which registration as a sex |
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| 22 | 22 | | offender is required under Chapter 62, Code of Criminal Procedure; |
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| 23 | 23 | | (D) an offense under Section 25.07 or 25.072, |
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| 24 | 24 | | Penal Code; or |
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| 25 | 25 | | (E) any other offense involving family violence, |
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| 26 | 26 | | as defined by Section 71.004, Family Code; and |
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| 27 | 27 | | (2) under a provision of Chapter 42A, Code of Criminal |
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| 28 | 28 | | Procedure, other than Subchapter C, including: |
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| 29 | 29 | | (A) a provision that requires the person to serve |
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| 30 | 30 | | a term of confinement as a condition of community supervision; or |
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| 31 | 31 | | (B) another provision that authorizes placing a |
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| 32 | 32 | | person on community supervision after the person has served part of |
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| 33 | 33 | | a term of confinement imposed for the offense. |
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| 34 | 34 | | (b) Notwithstanding any other provision of this subchapter |
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| 35 | 35 | | or Subchapter F, a person described by Subsection (a) whose |
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| 36 | 36 | | community supervision is not revoked and who completes the period |
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| 37 | 37 | | of community supervision, including any term of confinement imposed |
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| 38 | 38 | | and payment of all fines, costs, and restitution imposed, may |
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| 39 | 39 | | petition the court that placed the person on community supervision |
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| 40 | 40 | | for an order of nondisclosure of criminal history record |
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| 41 | 41 | | information under this section if the person: |
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| 42 | 42 | | (1) satisfies the requirements of this section; and |
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| 43 | 43 | | (2) has not been convicted of or placed on deferred |
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| 44 | 44 | | adjudication community supervision for another offense, other than |
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| 45 | 45 | | a traffic offense that is punishable by fine only, that was |
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| 46 | 46 | | committed during the seven-year period preceding the petition. |
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| 47 | 47 | | (c) After notice to the state, an opportunity for a hearing, |
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| 48 | 48 | | and a determination that the person is entitled to file the petition |
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| 49 | 49 | | and issuance of the order is in the best interest of justice, the |
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| 50 | 50 | | court shall issue an order prohibiting criminal justice agencies |
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| 51 | 51 | | from disclosing to the public criminal history record information |
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| 52 | 52 | | related to the offense giving rise to the community supervision. |
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| 53 | 53 | | (d) A person may petition the court that placed the person |
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| 54 | 54 | | on community supervision for an order of nondisclosure of criminal |
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| 55 | 55 | | history record information under this section only on or after: |
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| 56 | 56 | | (1) the 10th anniversary of the date of completion of |
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| 57 | 57 | | the community supervision, if the offense for which the person was |
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| 58 | 58 | | placed on community supervision was a misdemeanor; or |
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| 59 | 59 | | (2) the 15th anniversary of the date of completion of |
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| 60 | 60 | | the community supervision, if the offense for which the person was |
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| 61 | 61 | | placed on community supervision was a felony. |
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| 62 | 62 | | SECTION 2. This Act takes effect September 1, 2019. |
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