Texas 2021 - 87th Regular

Texas House Bill HB1394 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R3210 JRR-D
2		-	By: White~~, Collier, Canales~~, et al. H.B. No. 1394
	2	+	By: White, et al. H.B. No. 1394
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to automatic orders of nondisclosure of criminal history
8	8		record information for certain misdemeanor defendants.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Subchapter E-1, Chapter 411, Government Code, is
11	11		amended by adding Section 411.0719 to read as follows:
12	12		Sec. 411.0719. AUTOMATIC ORDER OF NONDISCLOSURE FOR CERTAIN
13	13		MISDEMEANORS. (a) This section applies only to a person who:
14	14		(1) was convicted of or placed on deferred
15	15		adjudication community supervision under Subchapter C, Chapter
16	16		42A, Code of Criminal Procedure, for a misdemeanor other than:
17	17		(A) a traffic offense that is punishable by fine
18	18		only; or
19	19		(B) a misdemeanor under Section 106.041,
20	20		Alcoholic Beverage Code, or Section 49.04, 49.05, 49.06, or 49.065,
21	21		Penal Code;
22	22		(2) completed the person's sentence, including any
23	23		term of confinement or period of community supervision imposed and
24	24		payment of all fines, costs, and restitution imposed, for the
25	25		offense described by Subdivision (1) or who has received a
26	26		discharge and dismissal under Article 42A.111, Code of Criminal
27	27		Procedure, for the offense described by Subdivision (1), as
28	28		applicable; and
29	29		(3) has not previously received an order of
30	30		nondisclosure of criminal history record information under this
31	31		subchapter or other law for the offense described by Subdivision
32	32		(1).
33	33		(b) Notwithstanding any other provision of this subchapter
34	34		or Subchapter F, if a person described by Subsection (a) satisfies
35	35		the requirements of Section 411.074, the court that convicted the
36	36		person or placed the person on deferred adjudication community
37	37		supervision shall issue an order of nondisclosure of criminal
38	38		history record information under this subchapter prohibiting
39	39		criminal justice agencies from disclosing to the public criminal
40	40		history record information related to the offense for which the
41	41		person was convicted or placed on deferred adjudication community
42	42		supervision. The court shall determine whether the person
43	43		satisfies the requirements of Section 411.074, and if the court
44	44		makes a finding that the requirements of that section are
45	45		satisfied, the court shall issue the order of nondisclosure of
46	46		criminal history record information as soon as practicable after
47	47		the seventh anniversary of either of the following, as applicable:
48	48		(1) the date of completion of the person's sentence; or
49	49		(2) the date of the discharge and dismissal under
50	50		Article 42A.111, Code of Criminal Procedure.
51	51		SECTION 2. If a person described by Section 411.0719(a),
52	52		Government Code, as added by this Act, completed the person's
53	53		sentence or received a discharge and dismissal before September 1,
54	54		2014, and if the person otherwise satisfies the requirements of
55	55		Section 411.0719, Government Code, as added by this Act, the court
56	56		that convicted the person or placed the person on deferred
57	57		adjudication community supervision shall issue an order of
58	58		nondisclosure of criminal history record information under that
59	59		section as soon as practicable after the effective date of this Act
60	60		but not later than August 31, 2023.
61	61		SECTION 3. This Act takes effect September 1, 2021.