| 1 | 1 | | 87R10737 JRR-D |
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| 2 | 2 | | By: West S.B. No. 1391 |
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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 eligibility of certain criminal defendants for an |
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| 8 | 8 | | order of nondisclosure of criminal history record information. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter E-1, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.0732 to read as follows: |
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| 12 | 12 | | Sec. 411.0732. PROCEDURE FOR COMMUNITY SUPERVISION |
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| 13 | 13 | | FOLLOWING CONVICTION; SET-ASIDE CONVICTIONS. (a) This section |
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| 14 | 14 | | applies only to a person who: |
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| 15 | 15 | | (1) on conviction is placed on community supervision |
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| 16 | 16 | | under Chapter 42A, Code of Criminal Procedure, and with respect to |
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| 17 | 17 | | whom the conviction is subsequently set aside by the court under |
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| 18 | 18 | | Article 42A.701(f) of that chapter; and |
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| 19 | 19 | | (2) is not convicted of an offense for which the person |
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| 20 | 20 | | would be ineligible for deferred adjudication community |
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| 21 | 21 | | supervision under Article 42A.102(b), Code of Criminal Procedure. |
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| 22 | 22 | | (b) Notwithstanding any other provision of this subchapter |
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| 23 | 23 | | or Subchapter F, a person described by Subsection (a) who satisfies |
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| 24 | 24 | | the requirements of Section 411.074 may petition the court that |
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| 25 | 25 | | placed the person on community supervision for an order of |
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| 26 | 26 | | nondisclosure of criminal history record information under this |
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| 27 | 27 | | section. |
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| 28 | 28 | | (c) After notice to the state, an opportunity for a hearing, |
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| 29 | 29 | | and a determination that the person is entitled to file the petition |
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| 30 | 30 | | and that issuance of the order is in the best interest of justice, |
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| 31 | 31 | | the court shall issue an order prohibiting criminal justice |
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| 32 | 32 | | agencies from disclosing to the public criminal history record |
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| 33 | 33 | | information related to the offense giving rise to the community |
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| 34 | 34 | | supervision. |
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| 35 | 35 | | (d) A person may petition the court that placed the person |
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| 36 | 36 | | on community supervision for an order of nondisclosure of criminal |
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| 37 | 37 | | history record information under this section only after: |
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| 38 | 38 | | (1) the second anniversary of the date the conviction |
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| 39 | 39 | | is set aside, if the offense for which the person was placed on |
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| 40 | 40 | | community supervision was a misdemeanor; or |
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| 41 | 41 | | (2) the fifth anniversary of the date the conviction |
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| 42 | 42 | | is set aside, if the offense for which the person was placed on |
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| 43 | 43 | | community supervision was a felony. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2021. |
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