By: Leach, et al. H.B. No. 1737
A BILL TO BE ENTITLED
AN ACT
relating to automatic orders of nondisclosure of criminal history
record information for certain misdemeanor defendants following
successful completion of a period of deferred adjudication
community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Article 42A.106, Code of Criminal
Procedure, is amended to read as follows:
Art. 42A.106. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION
FOR ORDER OF NONDISCLOSURE; PROPOSED ORDER OF NONDISCLOSURE IN
CERTAIN CASES.
SECTION 2. Article 42A.106, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) On completion of the period of deferred adjudication
community supervision, if the defendant is entitled to receive an
order of nondisclosure of criminal history record information under
Section 411.072, Government Code, the defendant's supervision
officer shall prepare and present to the court that placed the
defendant on deferred adjudication community supervision, or, if
jurisdiction was transferred under Article 42A.151, the court that
accepted jurisdiction of the case, a proposed order of
nondisclosure related to the offense giving rise to the deferred
adjudication community supervision.
SECTION 3. Section 411.0716(b), Government Code, is amended
to read as follows:
(b) Section 411.072 applies only to a person described by
Subsection (a) of that section who receives a discharge and
dismissal under Article 42A.111, Code of Criminal Procedure, on or
after January [September] 1, 1993 [2017].
SECTION 4. Section 411.072, Government Code, is amended to
read as follows:
Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY
SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) A person is
entitled to an order of nondisclosure of criminal history record
information under this [This] section if [applies only to a person
who]:
(1) the person was placed on deferred adjudication
community supervision under Subchapter C, Chapter 42A, Code of
Criminal Procedure, for a misdemeanor other than a misdemeanor:
(A) under:
(i) Section 49.04 or 49.06, Penal Code; or
(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or
71, Penal Code; or
(B) with respect to which an affirmative finding
under Article 42A.105(f), Code of Criminal Procedure, or former
Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
in the papers of the case; [and]
(2) the person received a dismissal and discharge
under Article 42A.111, Code of Criminal Procedure, for the offense
described by Subdivision (1);
(3) at least 180 days have elapsed from the date the
person was placed on deferred adjudication community supervision
for the offense described by Subdivision (1);
(4) the person satisfies the requirements of Section
411.074;
(5) the person has never been previously convicted of
or placed on deferred adjudication community supervision for
another offense other than a traffic offense that is punishable by
fine only; and
(6) the person has not received an order of
nondisclosure of criminal history record information under this
section.
(b) Not later than the 15th day of each month, the
department shall:
(1) electronically review the records in the
department's computerized criminal history system and, based on the
relevant information present in the system, identify each person
who meets the criteria provided by Subsection (a); and
(2) provide notice and a list to the clerk of the
applicable court that placed each person identified under
Subdivision (1) on deferred adjudication community supervision
indicating that each person may be entitled to an order of
nondisclosure of criminal history record information under this
section.
(c) For purposes of electronically identifying persons
under Subsection (b)(1), if the computerized criminal history
system records do not indicate whether a person received a
dismissal and discharge, the person is considered to satisfy the
requirements of Subsection (a)(2) if:
(1) the applicable records do not contain an order
revoking the person's deferred adjudication community supervision;
and
(2) the date on which the period of deferred
adjudication community supervision imposed in the person's case
expires has elapsed.
(d) Notwithstanding any other provision of this subchapter
or Subchapter F, if a [person described by Subsection (a) receives a
discharge and dismissal under Article 42A.111, Code of Criminal
Procedure, and satisfies the requirements of Section 411.074, the]
court that placed a [the] person on deferred adjudication community
supervision receives notice from the department under Subsection
(b) applicable to the person, or if a court receives a proposed
order under Article 42A.106(c), Code of Criminal Procedure,
applicable to the person, the court shall, as soon as practicable
after the receipt of the notice or proposed order, issue an order of
nondisclosure of criminal history record information under this
subchapter prohibiting criminal justice agencies from disclosing
to the public criminal history record information related to the
offense giving rise to the deferred adjudication community
supervision. [The court shall determine whether the person
satisfies the requirements of Section 411.074, and if the court
makes a finding that the requirements of that section are
satisfied, the court shall issue the order of nondisclosure of
criminal history record information:
[(1) at the time the court discharges and dismisses
the proceedings against the person, if the discharge and dismissal
occurs on or after the 180th day after the date the court placed the
person on deferred adjudication community supervision; or
[(2) as soon as practicable on or after the 180th day
after the date the court placed the person on deferred adjudication
community supervision, if the discharge and dismissal occurred
before that date.]
(d-1) This subsection applies only to the issuance of an
order of nondisclosure of criminal history record information under
this section pursuant to notice received by the court under
Subsection (b) for an offense for which the person received a
discharge and dismissal under Article 42A.111, Code of Criminal
Procedure, before July 1, 2024. Notwithstanding Subsection (d), a
court shall issue an order of nondisclosure of criminal history
record information under that subsection not later than the later
of the 180th day after the date on which the court first received
the notice under Subsection (b) or:
(1) July 1, 2025, if the person received a discharge
and dismissal under Article 42A.111, Code of Criminal Procedure,
for the offense on or after September 1, 2017;
(2) December 31, 2025, if the person received a
discharge and dismissal under Article 42A.111, Code of Criminal
Procedure, for the offense on or after January 1, 2010, but before
September 1, 2017;
(3) December 31, 2026, if the person received a
discharge and dismissal under Article 42A.111, Code of Criminal
Procedure, for the offense on or after January 1, 2000, but before
January 1, 2010; or
(4) December 31, 2027, if the person received a
discharge and dismissal under Article 42A.111, Code of Criminal
Procedure, for the offense before January 1, 2000.
(d-2) For purposes of Subsection (d-1) and Section
411.0716(b), a person to whose records Subsection (c) applies is
considered to have received a discharge and dismissal under Article
42A.111, Code of Criminal Procedure, on the date described by
Subsection (c)(2).
(e) A [(c) The] person who is entitled to an order of
nondisclosure of criminal history record information under this
section but who is not identified by the department under
Subsection (b) may [shall] present to the court that placed the
person on deferred adjudication community supervision any evidence
necessary to establish that the person is entitled [eligible] to
receive an order of nondisclosure of criminal history record
information under this section. The court shall prescribe the
manner in which the person may present the evidence to the court
under this subsection. The court shall determine whether the
person satisfies the requirements of this section, and if the court
makes a finding that the requirements of this section are
satisfied, the court shall issue an order of nondisclosure of
criminal history record information under Subsection (d) as soon as
practicable after making the finding.
(f) Notwithstanding any other law, a [The] person who is
entitled to an order of nondisclosure of criminal history record
information under this section may not be required to [must] pay any
[a $28] fee relating to the issuance of [to the clerk of the court
before the court issues] the order.
(g) [(d)] A person who is not entitled [eligible] to receive
an order of nondisclosure of criminal history record information
under this section solely because an affirmative finding under
Article 42A.105(f), Code of Criminal Procedure, or former Section
5(k), Article 42.12, Code of Criminal Procedure, was filed in the
papers of the case may file a petition for an order of nondisclosure
of criminal history record information under Section 411.0725 if
the person otherwise satisfies the requirements of that section.
SECTION 5. Section 411.0725(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person placed on deferred
adjudication community supervision under Subchapter C, Chapter
42A, Code of Criminal Procedure, who:
(1) is not entitled [eligible] to receive an order of
nondisclosure of criminal history record information under Section
411.072; and
(2) was placed on deferred adjudication community
supervision for an offense other than an offense under Section
49.04 or 49.06, Penal Code.
SECTION 6. (a) Article 42A.106(c), Code of Criminal
Procedure, as added by this Act, applies to a person who completes
the period of deferred adjudication community supervision on or
after the effective date of this Act, regardless of whether the
person was placed on deferred adjudication community supervision
before, on, or after the effective date of this Act.
(b) Notwithstanding Section 411.072(b), Government Code, as
amended by this Act, the Department of Public Safety is not required
to comply with the requirements of that subsection until July 1,
2024.
SECTION 7. This Act takes effect January 1, 2024.