88R10069 JRR-F
By: Allen H.B. No. 2300
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. Section 411.0725(e), Government Code, is amended
to read as follows:
(e) A person may petition the court that placed the person
on deferred adjudication community supervision for an order of
nondisclosure of criminal history record information under this
section only on or after:
(1) the discharge and dismissal, if the offense for
which the person was placed on deferred adjudication was a
misdemeanor [other than a misdemeanor described by Subdivision
(2)];
(2) the first [second] anniversary of the discharge
and dismissal, if the offense for which the person was placed on
deferred adjudication was a state jail felony [misdemeanor under
Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code]; or
(3) the second [fifth] anniversary of the discharge
and dismissal, if the offense for which the person was placed on
deferred adjudication was a felony other than a state jail felony.
SECTION 2. The heading to Section 411.073, Government Code,
is amended to read as follows:
Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND FELONIES.
SECTION 3. Sections 411.073(a), (b), and (d), Government
Code, are amended to read as follows:
(a) This section applies only to a person placed on
community supervision under Chapter 42A, Code of Criminal
Procedure:
(1) following a conviction of an offense [a
misdemeanor] other than an offense [a misdemeanor] under:
(A) Section 106.041, Alcoholic Beverage Code; or
(B) [,] Section 49.04, 49.045, 49.05, 49.06, [or]
49.065, 49.07, or 49.08, Penal Code[, or Chapter 71, Penal Code];
and
(2) under a provision of Chapter 42A, Code of Criminal
Procedure, other than Subchapter C, including:
(A) a provision that requires the person to serve
a term of confinement as a condition of community supervision; or
(B) another provision that authorizes placing a
person on community supervision after the person has served part of
a term of confinement imposed for the offense.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) whose
community supervision is not revoked and who completes the period
of community supervision, including any term of confinement imposed
and payment of all fines, costs, and restitution imposed, may
petition the court that placed the person on community supervision
for an order of nondisclosure of criminal history record
information under this section if the person[:
[(1)] satisfies the requirements of this section and
Section 411.074[; and
[(2) 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].
(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 on or after:
(1) the completion of the community supervision, if
the offense for which the person was placed on community
supervision was a misdemeanor [other than a misdemeanor described
by Subdivision (2)]; [or]
(2) the second anniversary of the date of completion
of the community supervision, if the offense for which the person
was placed on community supervision was a state jail felony;
(3) the fifth anniversary of the date of completion of
the community supervision, if the offense for which the person was
placed on community supervision was a felony of the third degree;
(4) the seventh anniversary of the date of completion
of the community supervision, if the offense for which the person
was placed on community supervision was a felony of the second
degree; or
(5) the 10th anniversary of the date of completion of
the community supervision, if the offense for which the person was
placed on community supervision was a felony of the first degree
[misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal
Code].
SECTION 4. The heading to Section 411.0735, Government
Code, is amended to read as follows:
Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN
MISDEMEANORS AND FELONIES.
SECTION 5. Sections 411.0735(a), (b), (c), and (d),
Government Code, are amended to read as follows:
(a) This section applies only to a person who:
(1) is convicted of an offense [a misdemeanor] other
than an offense [a misdemeanor] under:
(A) Section 106.041, Alcoholic Beverage Code; or
(B) [,] Section 49.04, 49.045, 49.05, 49.06, [or]
49.065, 49.07, or 49.08, Penal Code[, or Chapter 71, Penal Code];
and
(2) is not eligible for an order of nondisclosure of
criminal history record information under Section 411.073.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who completes
the person's sentence, including any term of confinement imposed
and payment of all fines, costs, and restitution imposed, may
petition the court that imposed the sentence for an order of
nondisclosure of criminal history record information under this
section if the person[:
[(1)] satisfies the requirements of this section and
Section 411.074[; and
[(2) 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].
(c) After [Except as provided by Subsection (c-1), after]
notice to the state, an opportunity for a hearing, and a
determination that the person is entitled to file the petition and
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 for which the person was convicted.
(d) A person may petition the court that imposed the
sentence for an order of nondisclosure of criminal history record
information under this section only on or after:
(1) the date of completion of the person's sentence, if
the offense of which the person was convicted was a misdemeanor
punishable by fine only; [or]
(2) the first [second] anniversary of the date of
completion of the person's sentence, if the offense of which the
person was convicted was a misdemeanor other than a misdemeanor
described by Subdivision (1);
(3) the fifth anniversary of the date of completion of
the person's sentence, if the offense of which the person was
convicted was a state jail felony;
(4) the seventh anniversary of the date of completion
of the person's sentence, if the offense of which the person was
convicted was a felony of the third degree;
(5) the 10th anniversary of the date of completion of
the person's sentence, if the offense of which the person was
convicted was a felony of the second degree; or
(6) the 12th anniversary of the date of completion of
the person's sentence, if the offense of which the person was
convicted was a felony of the first degree.
SECTION 6. Section 411.0735(c-1), Government Code, is
repealed.
SECTION 7. This Act takes effect September 1, 2023.