Texas 2021 - 87th Regular

Texas House Bill HB3601 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R12168 JRR-F
2		-	By: Leach~~, Collier, Cook~~ H.B. No. 3601
	2	+	By: Leach H.B. No. 3601
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 following
9	9		successful completion of a period of deferred adjudication
10	10		community supervision.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Section 411.0716, Government Code, is amended to
13	13		read as follows:
14	14		Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. [(a)] Except
15	15		as provided by Section 411.072 [Subsection (b)], this subchapter
16	16		applies to the issuance of an order of nondisclosure of criminal
17	17		history record information for an offense committed before, on, or
18	18		after September 1, 2017.
19	19		[(b) Section 411.072 applies only to a person described by
20	20		Subsection (a) of that section who receives a discharge and
21	21		dismissal under Article 42A.111, Code of Criminal Procedure, on or
22	22		after September 1, 2017.]
23	23		SECTION 2. Section 411.072, Government Code, is amended to
24	24		read as follows:
25	25		Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
26	26		COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY
27	27		SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) A person is
28	28		entitled to an order of nondisclosure of criminal history record
29	29		information under this [This] section if [applies only to a person
30	30		who]:
31	31		(1) the person was placed on deferred adjudication
32	32		community supervision under Subchapter C, Chapter 42A, Code of
33	33		Criminal Procedure, for a misdemeanor other than a misdemeanor:
34	34		(A) under:
35	35		(i) Section 49.04 or 49.06, Penal Code; or
36	36		(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or
37	37		71, Penal Code; or
38	38		(B) with respect to which an affirmative finding
39	39		under Article 42A.105(f), Code of Criminal Procedure, or former
40	40		Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
41	41		in the papers of the case; [and]
42	42		(2) the person received a discharge and dismissal
43	43		under Article 42A.111, Code of Criminal Procedure, on or after
44	44		September 1, 2017, for the offense described by Subdivision (1);
45	45		(3) at least 180 days have elapsed from the date the
46	46		person was placed on deferred adjudication community supervision
47	47		for the offense described by Subdivision (1);
48	48		(4) the person satisfies the requirements of Section
49	49		411.074; and
50	50		(5) the person has never been previously convicted of
51	51		or placed on deferred adjudication community supervision for
52	52		another offense other than a traffic offense that is punishable by
53	53		fine only.
54	54		(b) Not later than the 15th day of each month, the
55	55		department shall:
56	56		(1) review the records in the department's
57	57		computerized criminal history system and, based on the relevant
58	58		information present in the system, identify and compile a list of
59	59		each person who:
60	60		(A) meets the criteria provided by Subsection
61	61		(a); and
62	62		(B) has not received an order of nondisclosure of
63	63		criminal history information under this section; and
64	64		(2) for each person identified on the list described
65	65		by Subdivision (1), provide to the applicable court that placed the
66	66		person on deferred adjudication community supervision:
67	67		(A) notice of the person's entitlement to an
68	68		order of nondisclosure of criminal history record information under
69	69		this section; and
70	70		(B) a copy of the list described by Subdivision
71	71		(1).
72	72		(c) Notwithstanding any other provision of this subchapter
73	73		or Subchapter F, if a [person described by Subsection (a) receives a
74	74		discharge and dismissal under Article 42A.111, Code of Criminal
75	75		Procedure, and satisfies the requirements of Section 411.074, the]
76	76		court that placed a [the] person on deferred adjudication community
77	77		supervision receives notice from the department under Subsection
78	78		(b) that the person is entitled to an order of nondisclosure of
79	79		criminal history record information under this section, the court
80	80		shall, as soon as practicable after the receipt of the notice, issue
81	81		an order of nondisclosure of criminal history record information
82	82		under this subchapter prohibiting criminal justice agencies from
83	83		disclosing to the public criminal history record information
84	84		related to the offense giving rise to the deferred adjudication
85	85		community supervision. [The court shall determine whether the
86	86		person satisfies the requirements of Section 411.074, and if the
87	87		court makes a finding that the requirements of that section are
88	88		satisfied, the court shall issue the order of nondisclosure of
89	89		criminal history record information:
90	90		[(1) at the time the court discharges and dismisses
91	91		the proceedings against the person, if the discharge and dismissal
92	92		occurs on or after the 180th day after the date the court placed the
93	93		person on deferred adjudication community supervision; or
94	94		[(2) as soon as practicable on or after the 180th day
95	95		after the date the court placed the person on deferred adjudication
96	96		community supervision, if the discharge and dismissal occurred
97	97		before that date.]
98	98		(d) A [(c) The] person who is entitled to an order of
99	99		nondisclosure of criminal history record information under this
100	100		section but who is not identified by the department under
101	101		Subsection (b) as being entitled to the order may [shall] present to
102	102		the court that placed the person on deferred adjudication community
103	103		supervision any evidence necessary to establish that the person is
104	104		entitled [eligible] to receive an order of nondisclosure of
105	105		criminal history record information under this section. The court
106	106		shall prescribe the manner in which the person may present the
107	107		evidence to the court under this subsection. The court shall
108	108		determine whether the person satisfies the requirements of this
109	109		section, and if the court makes a finding that the requirements of
110	110		this section are satisfied, the court shall issue an order of
111	111		nondisclosure of criminal history record information under
112	112		Subsection (c) as soon as practicable after making the finding.
113	113		(e) Notwithstanding any other law, a [The] person who is
114	114		entitled to an order of nondisclosure of criminal history record
115	115		information under this section may not be required to [must] pay any
116	116		[a $28] fee relating to the issuance of [to the clerk of the court
117	117		before the court issues] the order.
118	118		(f) [(d)] A person who is not entitled [eligible] to receive
119	119		an order of nondisclosure of criminal history record information
120	120		under this section solely because an affirmative finding under
121	121		Article 42A.105(f), Code of Criminal Procedure, or former Section
122	122		5(k), Article 42.12, Code of Criminal Procedure, was filed in the
123	123		papers of the case may file a petition for an order of nondisclosure
124	124		of criminal history record information under Section 411.0725 if
125	125		the person otherwise satisfies the requirements of that section.
126	126		SECTION 3. Section 411.0725(a), Government Code, is amended
127	127		to read as follows:
128	128		(a) This section applies only to a person placed on deferred
129	129		adjudication community supervision under Subchapter C, Chapter
130	130		42A, Code of Criminal Procedure, who:
131	131		(1) is not entitled [eligible] to receive an order of
132	132		nondisclosure of criminal history record information under Section
133	133		411.072; and
134	134		(2) was placed on deferred adjudication community
135	135		supervision for an offense other than an offense under Section
136	136		49.04 or 49.06, Penal Code.
137	137		SECTION 4. This Act takes effect January 1, 2022.