| 1 | 1 | | 87R8476 JRR-F |
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| 2 | 2 | | By: Canales H.B. No. 2684 |
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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 expunction of arrest records and files and the |
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| 8 | 8 | | issuance of orders of nondisclosure of criminal history record |
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| 9 | 9 | | information for certain persons. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 55.01(c), Code of Criminal Procedure, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (c) A court may not order the expunction of records and |
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| 14 | 14 | | files relating to an arrest for an offense for which a person is |
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| 15 | 15 | | subsequently acquitted, whether by the trial court, a court of |
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| 16 | 16 | | appeals, or the court of criminal appeals, if the offense for which |
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| 17 | 17 | | the person was acquitted arose out of a criminal episode described |
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| 18 | 18 | | [, as defined] by Section 3.01(1) [3.01], Penal Code, and the person |
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| 19 | 19 | | was convicted of or remains subject to prosecution for at least one |
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| 20 | 20 | | other offense occurring during the criminal episode. |
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| 21 | 21 | | SECTION 2. Subchapter E-1, Chapter 411, Government Code, is |
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| 22 | 22 | | amended by adding Section 411.0717 to read as follows: |
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| 23 | 23 | | Sec. 411.0717. CERTAIN RELATED OFFENSES INCLUDED IN ORDER. |
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| 24 | 24 | | A court that issues an order of nondisclosure of criminal history |
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| 25 | 25 | | record information under this subchapter shall include in the order |
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| 26 | 26 | | any other offense arising out of the same transaction as the offense |
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| 27 | 27 | | for which the order is sought if: |
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| 28 | 28 | | (1) the other offense has not resulted in a final |
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| 29 | 29 | | conviction and is no longer pending; and |
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| 30 | 30 | | (2) there was no court-ordered community supervision |
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| 31 | 31 | | under Chapter 42A, Code of Criminal Procedure, for the other |
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| 32 | 32 | | offense. |
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| 33 | 33 | | SECTION 3. Sections 411.073(b) and (d), Government Code, |
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| 34 | 34 | | are amended to read as follows: |
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| 35 | 35 | | (b) Notwithstanding any other provision of this subchapter |
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| 36 | 36 | | or Subchapter F, a person described by Subsection (a) whose |
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| 37 | 37 | | community supervision is not revoked and who completes the period |
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| 38 | 38 | | of community supervision, including any term of confinement imposed |
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| 39 | 39 | | and payment of all fines, costs, and restitution imposed, may |
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| 40 | 40 | | petition the court that placed the person on community supervision |
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| 41 | 41 | | for an order of nondisclosure of criminal history record |
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| 42 | 42 | | information under this section if the person[: |
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| 43 | 43 | | [(1)] satisfies the requirements of this section and |
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| 44 | 44 | | Section 411.074[; and |
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| 45 | 45 | | [(2) has never been previously convicted of or placed |
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| 46 | 46 | | on deferred adjudication community supervision for another offense |
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| 47 | 47 | | other than a traffic offense that is punishable by fine only]. |
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| 48 | 48 | | (d) A person may petition the court that placed the person |
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| 49 | 49 | | on community supervision for an order of nondisclosure of criminal |
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| 50 | 50 | | history record information under this section only on or after[: |
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| 51 | 51 | | [(1)] the completion of the community supervision[, if |
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| 52 | 52 | | the offense for which the person was placed on community |
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| 53 | 53 | | supervision was a misdemeanor other than a misdemeanor described by |
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| 54 | 54 | | Subdivision (2); or |
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| 55 | 55 | | [(2) the second anniversary of the date of completion |
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| 56 | 56 | | of the community supervision, if the offense for which the person |
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| 57 | 57 | | was placed on community supervision was a misdemeanor under Chapter |
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| 58 | 58 | | 20, 21, 22, 25, 42, 43, or 46, Penal Code]. |
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| 59 | 59 | | SECTION 4. Section 411.0735(b), Government Code, is amended |
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| 60 | 60 | | to read as follows: |
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| 61 | 61 | | (b) Notwithstanding any other provision of this subchapter |
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| 62 | 62 | | or Subchapter F, a person described by Subsection (a) who completes |
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| 63 | 63 | | the person's sentence, including any term of confinement imposed |
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| 64 | 64 | | and payment of all fines, costs, and restitution imposed, may |
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| 65 | 65 | | petition the court that imposed the sentence for an order of |
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| 66 | 66 | | nondisclosure of criminal history record information under this |
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| 67 | 67 | | section if the person[: |
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| 68 | 68 | | [(1)] satisfies the requirements of this section and |
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| 69 | 69 | | Section 411.074[; and |
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| 70 | 70 | | [(2) has never been previously convicted of or placed |
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| 71 | 71 | | on deferred adjudication community supervision for another offense |
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| 72 | 72 | | other than a traffic offense that is punishable by fine only]. |
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| 73 | 73 | | SECTION 5. Article 55.01(c), Code of Criminal Procedure, as |
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| 74 | 74 | | amended by this Act, applies to the expunction of arrest records and |
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| 75 | 75 | | files for any criminal offense that occurred before, on, or after |
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| 76 | 76 | | the effective date of this Act. |
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| 77 | 77 | | SECTION 6. This Act takes effect September 1, 2021. |
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