Texas 2021 - 87th Regular

Texas House Bill HB3547 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5727 JRR-F
2	2	By: Allen H.B. No. 3547
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of certain criminal defendants for an
8	8	order of nondisclosure of criminal history record information;
9	9	authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 42.01, Code of Criminal Procedure, is
12	12	amended by adding Section 16 to read as follows:
13	13	Sec. 16. In addition to the information described by
14	14	Section 1, the judgment must reflect affirmative findings entered
15	15	pursuant to Article 42A.059.
16	16	SECTION 2. Subchapter B, Chapter 42A, Code of Criminal
17	17	Procedure, is amended by adding Article 42A.059 to read as follows:
18	18	Art. 42A.059. AFFIRMATIVE FINDING REGARDING AUTOMATIC
19	19	ORDER OF NONDISCLOSURE. If a judge places on community supervision
20	20	a defendant charged with a misdemeanor other than a misdemeanor
21	21	under Section 106.041, Alcoholic Beverage Code, or Section 49.04,
22	22	49.05, 49.06, or 49.065, Penal Code, the judge shall make an
23	23	affirmative finding of fact and file a statement of that
24	24	affirmative finding in the judgment in the case if the judge
25	25	determines that it is not in the best interest of justice that the
26	26	defendant receive an automatic order of nondisclosure under Section
27	27	411.07299, Government Code.
28	28	SECTION 3. Article 42A.105(f), Code of Criminal Procedure,
29	29	is amended to read as follows:
30	30	(f) If a judge places on deferred adjudication community
31	31	supervision a defendant charged with a misdemeanor other than a
32	32	misdemeanor under Section 49.04 or 49.06 [Chapter 20, 21, 22, 25,
33	33	42, 43, 46, or 71], Penal Code, the judge shall make an affirmative
34	34	finding of fact and file a statement of that affirmative finding
35	35	with the papers in the case if the judge determines that it is not in
36	36	the best interest of justice that the defendant receive an
37	37	automatic order of nondisclosure under Section 411.072, Government
38	38	Code.
39	39	SECTION 4. Section 411.0716, Government Code, is amended by
40	40	amending Subsection (a) and adding Subsection (c) to read as
41	41	follows:
42	42	(a) Except as otherwise provided by this section
43	43	[Subsection (b)], this subchapter applies to the issuance of an
44	44	order of nondisclosure of criminal history record information for
45	45	an offense committed before, on, or after September 1, 2017.
46	46	(c) Section 411.07299 applies only to a person described by
47	47	Subsection (a) of that section who was placed on community
48	48	supervision under Chapter 42A, Code of Criminal Procedure, on or
49	49	after September 1, 2021.
50	50	SECTION 5. The heading to Section 411.072, Government Code,
51	51	is amended to read as follows:
52	52	Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
53	53	COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY
54	54	SUPERVISION; CERTAIN [NONVIOLENT] MISDEMEANORS.
55	55	SECTION 6. Section 411.072(a), Government Code, is amended
56	56	to read as follows:
57	57	(a) This section applies only to a person who:
58	58	(1) was placed on deferred adjudication community
59	59	supervision under Subchapter C, Chapter 42A, Code of Criminal
60	60	Procedure, for a misdemeanor other than a misdemeanor:
61	61	(A) under[:
62	62	[(i)] Section 49.04 or 49.06, Penal Code;
63	63	or
64	64	[(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or
65	65	71, Penal Code; or]
66	66	(B) with respect to which an affirmative finding
67	67	under Article 42A.105(f), Code of Criminal Procedure, or former
68	68	Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
69	69	in the papers of the case; and
70	70	(2) has never been previously convicted of or placed
71	71	on deferred adjudication community supervision for another offense
72	72	other than a traffic offense that is punishable by fine only.
73	73	SECTION 7. Subchapter E-1, Chapter 411, Government Code, is
74	74	amended by adding Section 411.07299 to read as follows:
75	75	Sec. 411.07299. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
76	76	COMPLETION OF COMMUNITY SUPERVISION; CERTAIN MISDEMEANORS. (a)
77	77	This section applies only to a person who:
78	78	(1) was placed on community supervision under Chapter
79	79	42A, Code of Criminal Procedure:
80	80	(A) following a conviction of a misdemeanor other
81	81	than a misdemeanor:
82	82	(i) under Section 106.041, Alcoholic
83	83	Beverage Code, or Section 49.04, 49.05, 49.06, or 49.065, Penal
84	84	Code; or
85	85	(ii) with respect to which an affirmative
86	86	finding under Article 42A.059, Code of Criminal Procedure, was
87	87	filed in the judgment in the case; and
88	88	(B) under a provision of Chapter 42A, Code of
89	89	Criminal Procedure, other than Subchapter C, including:
90	90	(i) a provision that requires the person to
91	91	serve a term of confinement as a condition of community
92	92	supervision; or
93	93	(ii) another provision that authorizes
94	94	placing a person on community supervision after the person has
95	95	served part of a term of confinement imposed for the offense; and
96	96	(2) has never been previously convicted of or placed
97	97	on deferred adjudication community supervision for another offense
98	98	other than a traffic offense that is punishable by fine only.
99	99	(b) Notwithstanding any other provision of this subchapter
100	100	or Subchapter F, if a person described by Subsection (a) completes
101	101	the period of community supervision, including any term of
102	102	confinement imposed and payment of all fines, costs, and
103	103	restitution imposed, and satisfies the requirements of Section
104	104	411.074 and if the person's community supervision is not revoked,
105	105	the court that placed the person on community supervision shall
106	106	issue an order of nondisclosure of criminal history record
107	107	information under this subchapter prohibiting criminal justice
108	108	agencies from disclosing to the public criminal history record
109	109	information related to the offense giving rise to the community
110	110	supervision. The court shall determine whether the person
111	111	satisfies the requirements of Section 411.074, and if the court
112	112	makes a finding that the requirements of that section are
113	113	satisfied, the court shall issue the order of nondisclosure of
114	114	criminal history record information:
115	115	(1) on the successful completion of the community
116	116	supervision, if the person completes the period of community
117	117	supervision on or after the 180th day after the date the court
118	118	placed the person on community supervision; or
119	119	(2) as soon as practicable on or after the 180th day
120	120	after the date the court placed the person on community
121	121	supervision, if the person completed the period of community
122	122	supervision before that date.
123	123	(c) The person shall present to the court any evidence
124	124	necessary to establish that the person is eligible to receive an
125	125	order of nondisclosure of criminal history record information under
126	126	this section. The person must pay a $28 fee to the clerk of the
127	127	court before the court issues the order.
128	128	(d) A person who is not eligible to receive an order of
129	129	nondisclosure of criminal history record information under this
130	130	section solely because an affirmative finding under Article
131	131	42A.059, Code of Criminal Procedure, was filed in the judgment in
132	132	the case may file a petition for an order of nondisclosure of
133	133	criminal history record information under Section 411.073 if the
134	134	person otherwise satisfies the requirements of that section.
135	135	SECTION 8. Section 411.073, Government Code, is amended to
136	136	read as follows:
137	137	Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
138	138	FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND FELONIES.
139	139	(a) This section applies only to a person placed on community
140	140	supervision under Chapter 42A, Code of Criminal Procedure:
141	141	(1) following a conviction of an offense [a
142	142	misdemeanor] other than an offense [a misdemeanor] under Section
143	143	106.041, Alcoholic Beverage Code, or Section 49.04, 49.045, 49.05,
144	144	49.06, [or] 49.065, 49.07, or 49.08, Penal Code[, or Chapter 71,
145	145	Penal Code]; and
146	146	(2) under a provision of Chapter 42A, Code of Criminal
147	147	Procedure, other than Subchapter C, including:
148	148	(A) a provision that requires the person to serve
149	149	a term of confinement as a condition of community supervision; or
150	150	(B) another provision that authorizes placing a
151	151	person on community supervision after the person has served part of
152	152	a term of confinement imposed for the offense.
153	153	(b) Notwithstanding any other provision of this subchapter
154	154	or Subchapter F, a person described by Subsection (a) whose
155	155	community supervision is not revoked and who completes the period
156	156	of community supervision, including any term of confinement imposed
157	157	and payment of all fines, costs, and restitution imposed, may
158	158	petition the court that placed the person on community supervision
159	159	for an order of nondisclosure of criminal history record
160	160	information under this section if the person[:
161	161	[(1)] satisfies the requirements of this section and
162	162	Section 411.074[; and
163	163	[(2) has never been previously convicted of or placed
164	164	on deferred adjudication community supervision for another offense
165	165	other than a traffic offense that is punishable by fine only].
166	166	(c) Except as provided by Subsection (c-1) and subject to
167	167	Subsection (c-2), after [After] notice to the state, an opportunity
168	168	for a hearing, and a determination that the person is entitled to
169	169	file the petition and issuance of the order is in the best interest
170	170	of justice, the court shall issue an order prohibiting criminal
171	171	justice agencies from disclosing to the public criminal history
172	172	record information related to the offense giving rise to the
173	173	community supervision.
174	174	(c-1) A court may not issue an order of nondisclosure of
175	175	criminal history record information under this section without the
176	176	consent of the attorney representing the state if the offense for
177	177	which the order is sought is a felony of the third degree or any
178	178	higher category of offense.
179	179	(c-2) A person is not eligible to receive an order of
180	180	nondisclosure of criminal history record information under this
181	181	section with respect to a misdemeanor if the person has previously
182	182	received six orders of nondisclosure for a misdemeanor under this
183	183	section or Section 411.0735. A person is not eligible to receive an
184	184	order of nondisclosure of criminal history record information under
185	185	this section with respect to a felony if the person has previously
186	186	received two orders of nondisclosure for a felony under this
187	187	section or Section 411.0735.
188	188	(d) A person may petition the court that placed the person
189	189	on community supervision for an order of nondisclosure of criminal
190	190	history record information under this section only on or after:
191	191	(1) the completion of the community supervision, if
192	192	the offense for which the person was placed on community
193	193	supervision was a misdemeanor other than a misdemeanor described by
194	194	Subdivision (2); [or]
195	195	(2) the second anniversary of the date of completion
196	196	of the community supervision, if the offense for which the person
197	197	was placed on community supervision was a misdemeanor under Chapter
198	198	20, 21, 22, 25, 42, 43, or 46, Penal Code;
199	199	(3) the sixth anniversary of the date of completion of
200	200	the community supervision, if the offense for which the person was
201	201	placed on community supervision was a state jail felony;
202	202	(4) the eighth anniversary of the date of completion
203	203	of the community supervision, if the offense for which the person
204	204	was placed on community supervision was a felony of the third
205	205	degree;
206	206	(5) the ninth anniversary of the date of completion of
207	207	the community supervision, if the offense for which the person was
208	208	placed on community supervision was a felony of the second degree;
209	209	or
210	210	(6) the 10th anniversary of the date of completion of
211	211	the community supervision, if the offense for which the person was
212	212	placed on community supervision was a felony of the first degree.
213	213	SECTION 9. Section 411.0735, Government Code, is amended to
214	214	read as follows:
215	215	Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN
216	216	MISDEMEANORS AND FELONIES. (a) This section applies only to a
217	217	person who:
218	218	(1) is convicted of an offense [a misdemeanor] other
219	219	than an offense [a misdemeanor] under Section 106.041, Alcoholic
220	220	Beverage Code, or Section 49.04, 49.045, 49.05, 49.06, [or] 49.065,
221	221	49.07, or 49.08, Penal Code[, or Chapter 71, Penal Code]; and
222	222	(2) is not eligible for an order of nondisclosure of
223	223	criminal history record information under Section 411.073.
224	224	(b) Notwithstanding any other provision of this subchapter
225	225	or Subchapter F, a person described by Subsection (a) who completes
226	226	the person's sentence, including any term of confinement imposed
227	227	and payment of all fines, costs, and restitution imposed, may
228	228	petition the court that imposed the sentence for an order of
229	229	nondisclosure of criminal history record information under this
230	230	section if the person[:
231	231	[(1)] satisfies the requirements of this section and
232	232	Section 411.074[; and
233	233	[(2) has never been previously convicted of or placed
234	234	on deferred adjudication community supervision for another offense
235	235	other than a traffic offense that is punishable by fine only].
236	236	(c) Except as provided by Subsection (c-1) and subject to
237	237	Subsection (c-2), after notice to the state, an opportunity for a
238	238	hearing, and a determination that the person is entitled to file the
239	239	petition and issuance of the order is in the best interest of
240	240	justice, the court shall issue an order prohibiting criminal
241	241	justice agencies from disclosing to the public criminal history
242	242	record information related to the offense for which the person was
243	243	convicted.
244	244	(c-1) A court may not issue an order of nondisclosure of
245	245	criminal history record information under this section without the
246	246	consent of the attorney representing the state if the [court
247	247	determines that the] offense for which the order is sought is a
248	248	felony of the third degree or any higher category of offense[, other
249	249	than an offense under Section 22.01, Penal Code, was violent or
250	250	sexual in nature].
251	251	(c-2) A person is not eligible to receive an order of
252	252	nondisclosure of criminal history record information under this
253	253	section with respect to a misdemeanor if the person has previously
254	254	received six orders of nondisclosure for a misdemeanor under this
255	255	section or Section 411.073. A person is not eligible to receive an
256	256	order of nondisclosure of criminal history record information under
257	257	this section with respect to a felony if the person has previously
258	258	received two orders of nondisclosure for a felony under this
259	259	section or Section 411.073.
260	260	(d) A person may petition the court that imposed the
261	261	sentence for an order of nondisclosure of criminal history record
262	262	information under this section only on or after:
263	263	(1) the date of completion of the person's sentence, if
264	264	the offense of which the person was convicted was a misdemeanor
265	265	punishable by fine only; [or]
266	266	(2) the second anniversary of the date of completion
267	267	of the person's sentence, if the offense of which the person was
268	268	convicted was a misdemeanor other than a misdemeanor described by
269	269	Subdivision (1);
270	270	(3) the eighth anniversary of the date of completion
271	271	of the person's sentence, if the offense of which the person was
272	272	convicted was a state jail felony;
273	273	(4) the 10th anniversary of the date of completion of
274	274	the person's sentence, if the offense of which the person was
275	275	convicted was a felony of the third degree;
276	276	(5) the 11th anniversary of the date of completion of
277	277	the person's sentence, if the offense of which the person was
278	278	convicted was a felony of the second degree; or
279	279	(6) the 12th anniversary of the date of completion of
280	280	the person's sentence, if the offense of which the person was
281	281	convicted was a felony of the first degree.
282	282	SECTION 10. Section 411.074(b), Government Code, is amended
283	283	to read as follows:
284	284	(b) A person may not be granted an order of nondisclosure of
285	285	criminal history record information under this subchapter and is
286	286	not entitled to petition the court for an order of nondisclosure
287	287	under this subchapter if[:
288	288	[(1)] the person requests the order of nondisclosure
289	289	for, or the person has been previously convicted of or placed on
290	290	deferred adjudication community supervision for:
291	291	(1) [(A)] an offense requiring registration as a sex
292	292	offender under Chapter 62, Code of Criminal Procedure;
293	293	(2) [(B)] an offense under Section 20.04, Penal Code,
294	294	regardless of whether the offense is a reportable conviction or
295	295	adjudication for purposes of Chapter 62, Code of Criminal
296	296	Procedure; or
297	297	(3) [(C)] an offense under Section 19.02, 19.03,
298	298	20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
299	299	Code[; or
300	300	[(D) any other offense involving family
301	301	violence, as defined by Section 71.004, Family Code; or
302	302	[(2) the court makes an affirmative finding that the
303	303	offense for which the order of nondisclosure is requested involved
304	304	family violence, as defined by Section 71.004, Family Code].
305	305	SECTION 11. Notwithstanding Section 411.0716(b),
306	306	Government Code, the change in law made by this Act to Section
307	307	411.072, Government Code, applies only to a person described by
308	308	Subsection (a) of that section who was placed on deferred
309	309	adjudication community supervision under Subchapter C, Chapter
310	310	42A, Code of Criminal Procedure, on or after the effective date of
311	311	this Act. A person who was placed on deferred adjudication
312	312	community supervision before the effective date of this Act is
313	313	governed by the law in effect on the date the person was placed on
314	314	deferred adjudication community supervision, and the former law is
315	315	continued in effect for that purpose.
316	316	SECTION 12. This Act takes effect September 1, 2021.