87R10737 JRR-D
By: West S.B. No. 1391
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain criminal defendants for an
order of nondisclosure of criminal history record information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0732 to read as follows:
Sec. 411.0732. PROCEDURE FOR COMMUNITY SUPERVISION
FOLLOWING CONVICTION; SET-ASIDE CONVICTIONS. (a) This section
applies only to a person who:
(1) on conviction is placed on community supervision
under Chapter 42A, Code of Criminal Procedure, and with respect to
whom the conviction is subsequently set aside by the court under
Article 42A.701(f) of that chapter; and
(2) is not convicted of an offense for which the person
would be ineligible for deferred adjudication community
supervision under Article 42A.102(b), Code of Criminal Procedure.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who satisfies
the requirements of Section 411.074 may petition the court that
placed the person on community supervision for an order of
nondisclosure of criminal history record information under this
section.
(c) After notice to the state, an opportunity for a hearing,
and a determination that the person is entitled to file the petition
and that issuance of the order is in the best interest of justice,
the court shall issue an order prohibiting criminal justice
agencies from disclosing to the public criminal history record
information related to the offense giving rise to the community
supervision.
(d) A person may petition the court that placed the person
on community supervision for an order of nondisclosure of criminal
history record information under this section only after:
(1) the second anniversary of the date the conviction
is set aside, if the offense for which the person was placed on
community supervision was a misdemeanor; or
(2) the fifth anniversary of the date the conviction
is set aside, if the offense for which the person was placed on
community supervision was a felony.
SECTION 2. This Act takes effect September 1, 2021.