87R3210 JRR-D
By: White, Collier, Canales, et al. H.B. No. 1394
A BILL TO BE ENTITLED
AN ACT
relating to automatic orders of nondisclosure of criminal history
record information for certain misdemeanor defendants.
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 411.0719 to read as follows:
Sec. 411.0719. AUTOMATIC ORDER OF NONDISCLOSURE FOR CERTAIN
MISDEMEANORS. (a) This section applies only to a person who:
(1) was convicted of or placed on deferred
adjudication community supervision under Subchapter C, Chapter
42A, Code of Criminal Procedure, for a misdemeanor other than:
(A) a traffic offense that is punishable by fine
only; or
(B) a misdemeanor under Section 106.041,
Alcoholic Beverage Code, or Section 49.04, 49.05, 49.06, or 49.065,
Penal Code;
(2) completed the person's sentence, including any
term of confinement or period of community supervision imposed and
payment of all fines, costs, and restitution imposed, for the
offense described by Subdivision (1) or who has received a
discharge and dismissal under Article 42A.111, Code of Criminal
Procedure, for the offense described by Subdivision (1), as
applicable; and
(3) has not previously received an order of
nondisclosure of criminal history record information under this
subchapter or other law for the offense described by Subdivision
(1).
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, if a person described by Subsection (a) satisfies
the requirements of Section 411.074, the court that convicted the
person or placed the person on deferred adjudication community
supervision shall issue an order of nondisclosure of criminal
history record information under this subchapter prohibiting
criminal justice agencies from disclosing to the public criminal
history record information related to the offense for which the
person was convicted or placed on deferred adjudication community
supervision. The court shall determine whether the person
satisfies the requirements of Section 411.074, and if the court
makes a finding that the requirements of that section are
satisfied, the court shall issue the order of nondisclosure of
criminal history record information as soon as practicable after
the seventh anniversary of either of the following, as applicable:
(1) the date of completion of the person's sentence; or
(2) the date of the discharge and dismissal under
Article 42A.111, Code of Criminal Procedure.
SECTION 2. If a person described by Section 411.0719(a),
Government Code, as added by this Act, completed the person's
sentence or received a discharge and dismissal before September 1,
2014, and if the person otherwise satisfies the requirements of
Section 411.0719, Government Code, as added by this Act, the court
that convicted the person or placed the person on deferred
adjudication community supervision shall issue an order of
nondisclosure of criminal history record information under that
section as soon as practicable after the effective date of this Act
but not later than August 31, 2023.
SECTION 3. This Act takes effect September 1, 2021.