| 1 | 1 | | 87R12304 JRR-D |
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| 2 | 2 | | By: Miles S.B. No. 1872 |
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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 for |
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| 9 | 9 | | certain past misdemeanors and felonies. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter E-1, Government Code, is amended by |
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| 12 | 12 | | adding Section 411.0739 to read as follows: |
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| 13 | 13 | | Sec. 411.0739. PROCEDURE FOR CONVICTION FOLLOWING |
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| 14 | 14 | | SUCCESSFUL COMPLETION OF SENTENCE; CERTAIN PAST MISDEMEANORS AND |
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| 15 | 15 | | FELONIES. (a) This section applies only to a person who: |
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| 16 | 16 | | (1) is convicted of a misdemeanor or felony; and |
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| 17 | 17 | | (2) has not previously received an order of |
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| 18 | 18 | | nondisclosure of criminal history record information under this |
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| 19 | 19 | | subchapter or other law for the offense described by Subdivision |
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| 20 | 20 | | (1). |
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| 21 | 21 | | (b) Notwithstanding any other provision of this subchapter |
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| 22 | 22 | | or Subchapter F, a person described by Subsection (a) who completes |
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| 23 | 23 | | the person's sentence, including any term of confinement or period |
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| 24 | 24 | | of community supervision imposed and payment of all fines, costs, |
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| 25 | 25 | | and restitution imposed, may petition the court that imposed the |
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| 26 | 26 | | sentence for an order of nondisclosure of criminal history record |
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| 27 | 27 | | information under this section if the person satisfies the |
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| 28 | 28 | | requirements of this section and Section 411.074. |
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| 29 | 29 | | (c) After notice to the state, an opportunity for a hearing, |
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| 30 | 30 | | and a determination that the person is entitled to file the petition |
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| 31 | 31 | | and issuance of the order is in the best interest of justice, the |
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| 32 | 32 | | court shall issue an order prohibiting criminal justice agencies |
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| 33 | 33 | | from disclosing to the public criminal history record information |
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| 34 | 34 | | related to the offense for which the person was convicted. |
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| 35 | 35 | | (d) A person may petition the court that imposed the |
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| 36 | 36 | | sentence for an order of nondisclosure of criminal history record |
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| 37 | 37 | | information under this section only on or after the 25th |
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| 38 | 38 | | anniversary of the date of completion of the person's sentence. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2021. |
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