Texas 2021 - 87th Regular

Texas Senate Bill SB1632 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1762 JRR-D
2	2	By: Miles S.B. No. 1632
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of certain criminal defendants for an
8	8	order of nondisclosure of criminal history record information.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.0725(e), Government Code, is amended
11	11	to read as follows:
12	12	(e) A person may petition the court that placed the person
13	13	on deferred adjudication community supervision for an order of
14	14	nondisclosure of criminal history record information under this
15	15	section only on or after:
16	16	(1) the discharge and dismissal, if the offense for
17	17	which the person was placed on deferred adjudication was a
18	18	misdemeanor other than a misdemeanor described by Subdivision (2);
19	19	(2) the 180th day after the date [second anniversary]
20	20	of the discharge and dismissal, if the offense for which the person
21	21	was placed on deferred adjudication was a misdemeanor under Chapter
22	22	20, 21, 22, 25, 42, 43, or 46, Penal Code; or
23	23	(3) the first [fifth] anniversary of the discharge and
24	24	dismissal, if the offense for which the person was placed on
25	25	deferred adjudication was a felony.
26	26	SECTION 2. Subchapter E-1, Chapter 411, Government Code, is
27	27	amended by adding Sections 411.0732 and 411.0737 to read as
28	28	follows:
29	29	Sec. 411.0732. PROCEDURE FOR COMMUNITY SUPERVISION
30	30	FOLLOWING CONVICTION; CERTAIN NONVIOLENT FELONIES. (a) This
31	31	section applies only to a person placed on community supervision
32	32	under Chapter 42A, Code of Criminal Procedure:
33	33	(1) following a conviction of a felony other than a
34	34	felony:
35	35	(A) listed in Article 42A.054(a), Code of
36	36	Criminal Procedure;
37	37	(B) for which the judgment contains an
38	38	affirmative finding under Article 42A.054(c) or (d), Code of
39	39	Criminal Procedure;
40	40	(C) punishable as a felony of the second degree
41	41	or a felony of the first degree under Subchapter D, Chapter 481,
42	42	Health and Safety Code;
43	43	(D) punishable under Section 481.1122, Health
44	44	and Safety Code;
45	45	(E) under Title 5, Penal Code;
46	46	(F) under Chapter 25, 29, 43, 49, or 71, Penal
47	47	Code;
48	48	(G) under Section 28.02, 36.02, 42.072, or 42.08,
49	49	Penal Code;
50	50	(H) punishable as a felony of the second degree
51	51	or a felony of the first degree under Section 28.03, Penal Code;
52	52	(I) punishable as a felony of the first degree
53	53	under Section 30.02, Penal Code;
54	54	(J) under Section 31.03 or 34.02, Penal Code,
55	55	that is punishable as a felony of the third degree or any higher
56	56	category of offense;
57	57	(K) punishable as a felony of the second degree
58	58	or a felony of the first degree under Section 38.06, Penal Code; or
59	59	(L) punishable as a felony of the second degree
60	60	under Section 46.14, Penal Code; and
61	61	(2) under a provision of Chapter 42A, Code of Criminal
62	62	Procedure, other than Subchapter C, including:
63	63	(A) a provision that requires the person to serve
64	64	a term of confinement as a condition of community supervision; or
65	65	(B) another provision that authorizes placing a
66	66	person on community supervision after the person has served part of
67	67	a term of confinement imposed for the offense.
68	68	(b) Notwithstanding any other provision of this subchapter
69	69	or Subchapter F, a person described by Subsection (a) whose
70	70	community supervision is not revoked and who completes the period
71	71	of community supervision, including any term of confinement imposed
72	72	and payment of all fines, costs, and restitution imposed, may
73	73	petition the court that placed the person on community supervision
74	74	for an order of nondisclosure of criminal history record
75	75	information under this section if the person:
76	76	(1) satisfies the requirements of this section and
77	77	Section 411.074;
78	78	(2) has never been previously convicted of or placed
79	79	on deferred adjudication community supervision for another offense
80	80	other than:
81	81	(A) a traffic offense that is punishable by fine
82	82	only; or
83	83	(B) an offense arising out of the criminal
84	84	episode during which the offense that is the subject of the petition
85	85	occurred; and
86	86	(3) has never previously received an order of
87	87	nondisclosure of criminal history record information under this
88	88	subchapter or other law for an offense, other than an offense
89	89	described by Subdivision (2)(A) or (B).
90	90	(c) After notice to the state, an opportunity for a hearing,
91	91	and a determination that the person is entitled to file the petition
92	92	and issuance of the order is in the best interest of justice, the
93	93	court shall issue an order prohibiting criminal justice agencies
94	94	from disclosing to the public criminal history record information
95	95	related to the offense giving rise to the community supervision.
96	96	(d) A person may petition the court that placed the person
97	97	on community supervision for an order of nondisclosure of criminal
98	98	history record information under this section only on or after the
99	99	second anniversary of the date of completion of the community
100	100	supervision.
101	101	Sec. 411.0737. PROCEDURE FOR CONVICTION; CERTAIN
102	102	NONVIOLENT FELONIES. (a) This section applies only to a person
103	103	who:
104	104	(1) is convicted of a felony other than a felony:
105	105	(A) listed in Article 42A.054(a), Code of
106	106	Criminal Procedure;
107	107	(B) for which the judgment contains an
108	108	affirmative finding under Article 42A.054(c) or (d), Code of
109	109	Criminal Procedure;
110	110	(C) punishable as a felony of the second degree
111	111	or a felony of the first degree under Subchapter D, Chapter 481,
112	112	Health and Safety Code;
113	113	(D) punishable under Section 481.1122, Health
114	114	and Safety Code;
115	115	(E) under Title 5, Penal Code;
116	116	(F) under Chapter 25, 29, 43, 49, or 71, Penal
117	117	Code;
118	118	(G) under Section 28.02, 36.02, 42.072, or 42.08,
119	119	Penal Code;
120	120	(H) punishable as a felony of the second degree
121	121	or a felony of the first degree under Section 28.03, Penal Code;
122	122	(I) punishable as a felony of the first degree
123	123	under Section 30.02, Penal Code;
124	124	(J) under Section 31.03 or 34.02, Penal Code,
125	125	that is punishable as a felony of the third degree or any higher
126	126	category of offense;
127	127	(K) punishable as a felony of the second degree
128	128	or a felony of the first degree under Section 38.06, Penal Code; or
129	129	(L) punishable as a felony of the second degree
130	130	under Section 46.14, Penal Code; and
131	131	(2) is not eligible for an order of nondisclosure of
132	132	criminal history record information under Section 411.0732.
133	133	(b) Notwithstanding any other provision of this subchapter
134	134	or Subchapter F, a person described by Subsection (a) who completes
135	135	the person's sentence, including any term of confinement imposed
136	136	and payment of all fines, costs, and restitution imposed, may
137	137	petition the court that imposed the sentence for an order of
138	138	nondisclosure of criminal history record information under this
139	139	section if the person:
140	140	(1) satisfies the requirements of this section and
141	141	Section 411.074;
142	142	(2) has never been previously convicted of or placed
143	143	on deferred adjudication community supervision for another offense
144	144	other than:
145	145	(A) a traffic offense that is punishable by fine
146	146	only; or
147	147	(B) an offense arising out of the criminal
148	148	episode during which the offense that is the subject of the petition
149	149	occurred; and
150	150	(3) has never previously received an order of
151	151	nondisclosure of criminal history record information under this
152	152	subchapter or other law for an offense, other than an offense
153	153	described by Subdivision (2)(A) or (B).
154	154	(c) Except as provided by Subsection (d), after notice to
155	155	the state, an opportunity for a hearing, and a determination that
156	156	the person is entitled to file the petition and issuance of the
157	157	order is in the best interest of justice, the court shall issue an
158	158	order prohibiting criminal justice agencies from disclosing to the
159	159	public criminal history record information related to the offense
160	160	for which the person was convicted.
161	161	(d) A court may not issue an order of nondisclosure of
162	162	criminal history record information under this section if the court
163	163	determines that the offense for which the order is sought was
164	164	violent or sexual in nature.
165	165	(e) A person may petition the court that imposed the
166	166	sentence for an order of nondisclosure of criminal history record
167	167	information under this section only on or after the third
168	168	anniversary of the date of completion of the person's sentence.
169	169	SECTION 3. This Act takes effect September 1, 2021.