Texas 2023 - 88th Regular

Texas House Bill HB1737 Compare Versions

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Version 2 (New)

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1	1	By: Leach, et al. H.B. No. 1737
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to automatic orders of nondisclosure of criminal history
7	7	record information for certain misdemeanor defendants following
8	8	successful completion of a period of deferred adjudication
9	9	community supervision.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Article 42A.106, Code of Criminal
12	12	Procedure, is amended to read as follows:
13	13	Art. 42A.106. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION
14	14	FOR ORDER OF NONDISCLOSURE; PROPOSED ORDER OF NONDISCLOSURE IN
15	15	CERTAIN CASES.
16	16	SECTION 2. Article 42A.106, Code of Criminal Procedure, is
17	17	amended by adding Subsection (c) to read as follows:
18	18	(c) On completion of the period of deferred adjudication
19	19	community supervision, if the defendant is entitled to receive an
20	20	order of nondisclosure of criminal history record information under
21	21	Section 411.072, Government Code, the defendant's supervision
22	22	officer shall prepare and present to the court that placed the
23	23	defendant on deferred adjudication community supervision, or, if
24	24	jurisdiction was transferred under Article 42A.151, the court that
25	25	accepted jurisdiction of the case, a proposed order of
26	26	nondisclosure related to the offense giving rise to the deferred
27	27	adjudication community supervision.
28	28	SECTION 3. Section 411.0716(b), Government Code, is amended
29	29	to read as follows:
30	30	(b) Section 411.072 applies only to a person described by
31	31	Subsection (a) of that section who receives a discharge and
32	32	dismissal under Article 42A.111, Code of Criminal Procedure, on or
33	33	after January [September] 1, 1993 [2017].
34	34	SECTION 4. Section 411.072, Government Code, is amended to
35	35	read as follows:
36	36	Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
37	37	COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY
38	38	SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) A person is
39	39	entitled to an order of nondisclosure of criminal history record
40	40	information under this [This] section if [applies only to a person
41	41	who]:
42	42	(1) the person was placed on deferred adjudication
43	43	community supervision under Subchapter C, Chapter 42A, Code of
44	44	Criminal Procedure, for a misdemeanor other than a misdemeanor:
45	45	(A) under:
46	46	(i) Section 49.04 or 49.06, Penal Code; or
47	47	(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or
48	48	71, Penal Code; or
49	49	(B) with respect to which an affirmative finding
50	50	under Article 42A.105(f), Code of Criminal Procedure, or former
51	51	Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
52	52	in the papers of the case; [and]
53	53	(2) the person received a dismissal and discharge
54	54	under Article 42A.111, Code of Criminal Procedure, for the offense
55	55	described by Subdivision (1);
56	56	(3) at least 180 days have elapsed from the date the
57	57	person was placed on deferred adjudication community supervision
58	58	for the offense described by Subdivision (1);
59	59	(4) the person satisfies the requirements of Section
60	60	411.074;
61	61	(5) the person has never been previously convicted of
62	62	or placed on deferred adjudication community supervision for
63	63	another offense other than a traffic offense that is punishable by
64	64	fine only; and
65	65	(6) the person has not received an order of
66	66	nondisclosure of criminal history record information under this
67	67	section.
68	68	(b) Not later than the 15th day of each month, the
69	69	department shall:
70	70	(1) electronically review the records in the
71	71	department's computerized criminal history system and, based on the
72	72	relevant information present in the system, identify each person
73	73	who meets the criteria provided by Subsection (a); and
74	74	(2) provide notice and a list to the clerk of the
75	75	applicable court that placed each person identified under
76	76	Subdivision (1) on deferred adjudication community supervision
77	77	indicating that each person may be entitled to an order of
78	78	nondisclosure of criminal history record information under this
79	79	section.
80	80	(c) For purposes of electronically identifying persons
81	81	under Subsection (b)(1), if the computerized criminal history
82	82	system records do not indicate whether a person received a
83	83	dismissal and discharge, the person is considered to satisfy the
84	84	requirements of Subsection (a)(2) if:
85	85	(1) the applicable records do not contain an order
86	86	revoking the person's deferred adjudication community supervision;
87	87	and
88	88	(2) the date on which the period of deferred
89	89	adjudication community supervision imposed in the person's case
90	90	expires has elapsed.
91	91	(d) Notwithstanding any other provision of this subchapter
92	92	or Subchapter F, if a [person described by Subsection (a) receives a
93	93	discharge and dismissal under Article 42A.111, Code of Criminal
94	94	Procedure, and satisfies the requirements of Section 411.074, the]
95	95	court that placed a [the] person on deferred adjudication community
96	96	supervision receives notice from the department under Subsection
97	97	(b) applicable to the person, or if a court receives a proposed
98	98	order under Article 42A.106(c), Code of Criminal Procedure,
99	99	applicable to the person, the court shall, as soon as practicable
100	100	after the receipt of the notice or proposed order, issue an order of
101	101	nondisclosure of criminal history record information under this
102	102	subchapter prohibiting criminal justice agencies from disclosing
103	103	to the public criminal history record information related to the
104	104	offense giving rise to the deferred adjudication community
105	105	supervision. [The court shall determine whether the person
106	106	satisfies the requirements of Section 411.074, and if the court
107	107	makes a finding that the requirements of that section are
108	108	satisfied, the court shall issue the order of nondisclosure of
109	109	criminal history record information:
110	110	[(1) at the time the court discharges and dismisses
111	111	the proceedings against the person, if the discharge and dismissal
112	112	occurs on or after the 180th day after the date the court placed the
113	113	person on deferred adjudication community supervision; or
114	114	[(2) as soon as practicable on or after the 180th day
115	115	after the date the court placed the person on deferred adjudication
116	116	community supervision, if the discharge and dismissal occurred
117	117	before that date.]
118	118	(d-1) This subsection applies only to the issuance of an
119	119	order of nondisclosure of criminal history record information under
120	120	this section pursuant to notice received by the court under
121	121	Subsection (b) for an offense for which the person received a
122	122	discharge and dismissal under Article 42A.111, Code of Criminal
123	123	Procedure, before July 1, 2024. Notwithstanding Subsection (d), a
124	124	court shall issue an order of nondisclosure of criminal history
125	125	record information under that subsection not later than the later
126	126	of the 180th day after the date on which the court first received
127	127	the notice under Subsection (b) or:
128	128	(1) July 1, 2025, if the person received a discharge
129	129	and dismissal under Article 42A.111, Code of Criminal Procedure,
130	130	for the offense on or after September 1, 2017;
131	131	(2) December 31, 2025, if the person received a
132	132	discharge and dismissal under Article 42A.111, Code of Criminal
133	133	Procedure, for the offense on or after January 1, 2010, but before
134	134	September 1, 2017;
135	135	(3) December 31, 2026, if the person received a
136	136	discharge and dismissal under Article 42A.111, Code of Criminal
137	137	Procedure, for the offense on or after January 1, 2000, but before
138	138	January 1, 2010; or
139	139	(4) December 31, 2027, if the person received a
140	140	discharge and dismissal under Article 42A.111, Code of Criminal
141	141	Procedure, for the offense before January 1, 2000.
142	142	(d-2) For purposes of Subsection (d-1) and Section
143	143	411.0716(b), a person to whose records Subsection (c) applies is
144	144	considered to have received a discharge and dismissal under Article
145	145	42A.111, Code of Criminal Procedure, on the date described by
146	146	Subsection (c)(2).
147	147	(e) A [(c) The] person who is entitled to an order of
148	148	nondisclosure of criminal history record information under this
149	149	section but who is not identified by the department under
150	150	Subsection (b) may [shall] present to the court that placed the
151	151	person on deferred adjudication community supervision any evidence
152	152	necessary to establish that the person is entitled [eligible] to
153	153	receive an order of nondisclosure of criminal history record
154	154	information under this section. The court shall prescribe the
155	155	manner in which the person may present the evidence to the court
156	156	under this subsection. The court shall determine whether the
157	157	person satisfies the requirements of this section, and if the court
158	158	makes a finding that the requirements of this section are
159	159	satisfied, the court shall issue an order of nondisclosure of
160	160	criminal history record information under Subsection (d) as soon as
161	161	practicable after making the finding.
162	162	(f) Notwithstanding any other law, a [The] person who is
163	163	entitled to an order of nondisclosure of criminal history record
164	164	information under this section may not be required to [must] pay any
165	165	[a $28] fee relating to the issuance of [to the clerk of the court
166	166	before the court issues] the order.
167	167	(g) [(d)] A person who is not entitled [eligible] to receive
168	168	an order of nondisclosure of criminal history record information
169	169	under this section solely because an affirmative finding under
170	170	Article 42A.105(f), Code of Criminal Procedure, or former Section
171	171	5(k), Article 42.12, Code of Criminal Procedure, was filed in the
172	172	papers of the case may file a petition for an order of nondisclosure
173	173	of criminal history record information under Section 411.0725 if
174	174	the person otherwise satisfies the requirements of that section.
175	175	SECTION 5. Section 411.0725(a), Government Code, is amended
176	176	to read as follows:
177	177	(a) This section applies only to a person placed on deferred
178	178	adjudication community supervision under Subchapter C, Chapter
179	179	42A, Code of Criminal Procedure, who:
180	180	(1) is not entitled [eligible] to receive an order of
181	181	nondisclosure of criminal history record information under Section
182	182	411.072; and
183	183	(2) was placed on deferred adjudication community
184	184	supervision for an offense other than an offense under Section
185	185	49.04 or 49.06, Penal Code.
186	186	SECTION 6. (a) Article 42A.106(c), Code of Criminal
187	187	Procedure, as added by this Act, applies to a person who completes
188	188	the period of deferred adjudication community supervision on or
189	189	after the effective date of this Act, regardless of whether the
190	190	person was placed on deferred adjudication community supervision
191	191	before, on, or after the effective date of this Act.
192	192	(b) Notwithstanding Section 411.072(b), Government Code, as
193	193	amended by this Act, the Department of Public Safety is not required
194	194	to comply with the requirements of that subsection until July 1,
195	195	2024.
196	196	SECTION 7. This Act takes effect January 1, 2024.