87R12168 JRR-F
By: Leach, Collier, Cook H.B. No. 3601
A BILL TO BE ENTITLED
AN ACT
relating to automatic orders of nondisclosure of criminal history
record information for certain misdemeanor defendants following
successful completion of a period of deferred adjudication
community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.0716, Government Code, is amended to
read as follows:
Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. [(a)] Except
as provided by Section 411.072 [Subsection (b)], this subchapter
applies to the issuance of an order of nondisclosure of criminal
history record information for an offense committed before, on, or
after September 1, 2017.
[(b) Section 411.072 applies only to a person described by
Subsection (a) of that section who receives a discharge and
dismissal under Article 42A.111, Code of Criminal Procedure, on or
after September 1, 2017.]
SECTION 2. Section 411.072, Government Code, is amended to
read as follows:
Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY
SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) A person is
entitled to an order of nondisclosure of criminal history record
information under this [This] section if [applies only to a person
who]:
(1) the person was placed on deferred adjudication
community supervision under Subchapter C, Chapter 42A, Code of
Criminal Procedure, for a misdemeanor other than a misdemeanor:
(A) under:
(i) Section 49.04 or 49.06, Penal Code; or
(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or
71, Penal Code; or
(B) with respect to which an affirmative finding
under Article 42A.105(f), Code of Criminal Procedure, or former
Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
in the papers of the case; [and]
(2) the person received a discharge and dismissal
under Article 42A.111, Code of Criminal Procedure, on or after
September 1, 2017, for the offense described by Subdivision (1);
(3) at least 180 days have elapsed from the date the
person was placed on deferred adjudication community supervision
for the offense described by Subdivision (1);
(4) the person satisfies the requirements of Section
411.074; and
(5) the person has never been previously convicted of
or placed on deferred adjudication community supervision for
another offense other than a traffic offense that is punishable by
fine only.
(b) Not later than the 15th day of each month, the
department shall:
(1) review the records in the department's
computerized criminal history system and, based on the relevant
information present in the system, identify and compile a list of
each person who:
(A) meets the criteria provided by Subsection
(a); and
(B) has not received an order of nondisclosure of
criminal history information under this section; and
(2) for each person identified on the list described
by Subdivision (1), provide to the applicable court that placed the
person on deferred adjudication community supervision:
(A) notice of the person's entitlement to an
order of nondisclosure of criminal history record information under
this section; and
(B) a copy of the list described by Subdivision
(1).
(c) Notwithstanding any other provision of this subchapter
or Subchapter F, if a [person described by Subsection (a) receives a
discharge and dismissal under Article 42A.111, Code of Criminal
Procedure, and satisfies the requirements of Section 411.074, the]
court that placed a [the] person on deferred adjudication community
supervision receives notice from the department under Subsection
(b) that the person is entitled to an order of nondisclosure of
criminal history record information under this section, the court
shall, as soon as practicable after the receipt of the notice, 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 giving rise to the 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:
[(1) at the time the court discharges and dismisses
the proceedings against the person, if the discharge and dismissal
occurs on or after the 180th day after the date the court placed the
person on deferred adjudication community supervision; or
[(2) as soon as practicable on or after the 180th day
after the date the court placed the person on deferred adjudication
community supervision, if the discharge and dismissal occurred
before that date.]
(d) A [(c) The] person who is entitled to an order of
nondisclosure of criminal history record information under this
section but who is not identified by the department under
Subsection (b) as being entitled to the order may [shall] present to
the court that placed the person on deferred adjudication community
supervision any evidence necessary to establish that the person is
entitled [eligible] to receive an order of nondisclosure of
criminal history record information under this section. The court
shall prescribe the manner in which the person may present the
evidence to the court under this subsection. The court shall
determine whether the person satisfies the requirements of this
section, and if the court makes a finding that the requirements of
this section are satisfied, the court shall issue an order of
nondisclosure of criminal history record information under
Subsection (c) as soon as practicable after making the finding.
(e) Notwithstanding any other law, a [The] person who is
entitled to an order of nondisclosure of criminal history record
information under this section may not be required to [must] pay any
[a $28] fee relating to the issuance of [to the clerk of the court
before the court issues] the order.
(f) [(d)] A person who is not entitled [eligible] to receive
an order of nondisclosure of criminal history record information
under this section solely because an affirmative finding under
Article 42A.105(f), Code of Criminal Procedure, or former Section
5(k), Article 42.12, Code of Criminal Procedure, was filed in the
papers of the case may file a petition for an order of nondisclosure
of criminal history record information under Section 411.0725 if
the person otherwise satisfies the requirements of that section.
SECTION 3. Section 411.0725(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person placed on deferred
adjudication community supervision under Subchapter C, Chapter
42A, Code of Criminal Procedure, who:
(1) is not entitled [eligible] to receive an order of
nondisclosure of criminal history record information under Section
411.072; and
(2) was placed on deferred adjudication community
supervision for an offense other than an offense under Section
49.04 or 49.06, Penal Code.
SECTION 4. This Act takes effect January 1, 2022.