| 1 | 1 | | 87R3069 JRR-D |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 870 |
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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 date on which certain persons placed on deferred |
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| 8 | 8 | | adjudication community supervision are eligible to file a petition |
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| 9 | 9 | | for an order of nondisclosure of criminal history record |
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| 10 | 10 | | information. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 411.0725(e), Government Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (e) A person may petition the court that placed the person |
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| 15 | 15 | | on deferred adjudication community supervision for an order of |
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| 16 | 16 | | nondisclosure of criminal history record information under this |
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| 17 | 17 | | section only on or after: |
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| 18 | 18 | | (1) the discharge and dismissal, if the offense for |
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| 19 | 19 | | which the person was placed on deferred adjudication was a |
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| 20 | 20 | | misdemeanor other than a misdemeanor described by Subdivision |
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| 21 | 21 | | (2)(A) [(2)]; |
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| 22 | 22 | | (2) the first [second] anniversary of the discharge |
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| 23 | 23 | | and dismissal, if the offense for which the person was placed on |
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| 24 | 24 | | deferred adjudication was: |
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| 25 | 25 | | (A) a misdemeanor under Chapter 20, 21, 22, 25, |
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| 26 | 26 | | 42, 43, or 46, Penal Code; or |
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| 27 | 27 | | (B) a state jail felony listed in Article |
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| 28 | 28 | | 42A.551(a), Code of Criminal Procedure; or |
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| 29 | 29 | | (3) the third [fifth] anniversary of the discharge and |
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| 30 | 30 | | dismissal, if the offense for which the person was placed on |
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| 31 | 31 | | deferred adjudication was a felony other than a state jail felony |
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| 32 | 32 | | described by Subdivision (2)(B). |
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| 33 | 33 | | SECTION 2. This Act takes effect September 1, 2021. |
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