Texas 2023 - 88th Regular

Texas House Bill HB2300 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Allen H.B. No. 2300
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the eligibility of certain criminal defendants for an
7	7	order of nondisclosure of criminal history record information.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.0725(e), Government Code, is amended
10	10	to read as follows:
11	11	(e) A person may petition the court that placed the person
12	12	on deferred adjudication community supervision for an order of
13	13	nondisclosure of criminal history record information under this
14	14	section only on or after:
15	15	(1) the discharge and dismissal, if the offense for
16	16	which the person was placed on deferred adjudication was a
17	17	misdemeanor [other than a misdemeanor described by Subdivision
18	18	(2)];
19	19	(2) the first [second] anniversary of the discharge
20	20	and dismissal, if the offense for which the person was placed on
21	21	deferred adjudication was a state jail felony [misdemeanor under
22	22	Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code]; or
23	23	(3) the second [fifth] anniversary of the discharge
24	24	and dismissal, if the offense for which the person was placed on
25	25	deferred adjudication was a felony other than a state jail felony.
26	26	SECTION 2. The heading to Section 411.073, Government Code,
27	27	is amended to read as follows:
28	28	Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
29	29	FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND FELONIES.
30	30	SECTION 3. Sections 411.073(a), (b), and (d), Government
31	31	Code, are amended to read as follows:
32	32	(a) This section applies only to a person placed on
33	33	community supervision under Chapter 42A, Code of Criminal
34	34	Procedure:
35	35	(1) following a conviction of an offense [a
36	36	misdemeanor] other than an offense [a misdemeanor] under:
37	37	(A) Section 106.041, Alcoholic Beverage Code; or
38	38	(B) [,] Section 49.04, 49.045, 49.05, 49.06, [or]
39	39	49.065, 49.07, or 49.08, Penal Code[, or Chapter 71, Penal Code];
40	40	and
41	41	(2) under a provision of Chapter 42A, Code of Criminal
42	42	Procedure, other than Subchapter C, including:
43	43	(A) a provision that requires the person to serve
44	44	a term of confinement as a condition of community supervision; or
45	45	(B) another provision that authorizes placing a
46	46	person on community supervision after the person has served part of
47	47	a term of confinement imposed for the offense.
48	48	(b) Notwithstanding any other provision of this subchapter
49	49	or Subchapter F, a person described by Subsection (a) whose
50	50	community supervision is not revoked and who completes the period
51	51	of community supervision, including any term of confinement imposed
52	52	and payment of all fines, costs, and restitution imposed, may
53	53	petition the court that placed the person on community supervision
54	54	for an order of nondisclosure of criminal history record
55	55	information under this section if the person[:
56	56	[(1)] satisfies the requirements of this section and
57	57	Section 411.074[; and
58	58	[(2) has never been previously convicted of or placed
59	59	on deferred adjudication community supervision for another offense
60	60	other than a traffic offense that is punishable by fine only].
61	61	(d) A person may petition the court that placed the person
62	62	on community supervision for an order of nondisclosure of criminal
63	63	history record information under this section only on or after:
64	64	(1) the completion of the community supervision, if
65	65	the offense for which the person was placed on community
66	66	supervision was a misdemeanor [other than a misdemeanor described
67	67	by Subdivision (2)]; [or]
68	68	(2) the second anniversary of the date of completion
69	69	of the community supervision, if the offense for which the person
70	70	was placed on community supervision was a state jail felony;
71	71	(3) the fifth anniversary of the date of completion of
72	72	the community supervision, if the offense for which the person was
73	73	placed on community supervision was a felony of the third degree;
74	74	(4) the seventh anniversary of the date of completion
75	75	of the community supervision, if the offense for which the person
76	76	was placed on community supervision was a felony of the second
77	77	degree; or
78	78	(5) the 10th anniversary of the date of completion of
79	79	the community supervision, if the offense for which the person was
80	80	placed on community supervision was a felony of the first degree
81	81	[misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal
82	82	Code].
83	83	SECTION 4. The heading to Section 411.0735, Government
84	84	Code, is amended to read as follows:
85	85	Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN
86	86	MISDEMEANORS AND FELONIES.
87	87	SECTION 5. Sections 411.0735(a), (b), (c), and (d),
88	88	Government Code, are amended to read as follows:
89	89	(a) This section applies only to a person who:
90	90	(1) is convicted of an offense [a misdemeanor] other
91	91	than an offense [a misdemeanor] under:
92	92	(A) Section 106.041, Alcoholic Beverage Code; or
93	93	(B) [,] Section 49.04, 49.045, 49.05, 49.06, [or]
94	94	49.065, 49.07, or 49.08, Penal Code[, or Chapter 71, Penal Code];
95	95	and
96	96	(2) is not eligible for an order of nondisclosure of
97	97	criminal history record information under Section 411.073.
98	98	(b) Notwithstanding any other provision of this subchapter
99	99	or Subchapter F, a person described by Subsection (a) who completes
100	100	the person's sentence, including any term of confinement imposed
101	101	and payment of all fines, costs, and restitution imposed, may
102	102	petition the court that imposed the sentence for an order of
103	103	nondisclosure of criminal history record information under this
104	104	section if the person[:
105	105	[(1)] satisfies the requirements of this section and
106	106	Section 411.074[; and
107	107	[(2) has never been previously convicted of or placed
108	108	on deferred adjudication community supervision for another offense
109	109	other than a traffic offense that is punishable by fine only].
110	110	(c) After [Except as provided by Subsection (c-1), after]
111	111	notice to the state, an opportunity for a hearing, and a
112	112	determination that the person is entitled to file the petition and
113	113	issuance of the order is in the best interest of justice, the court
114	114	shall issue an order prohibiting criminal justice agencies from
115	115	disclosing to the public criminal history record information
116	116	related to the offense for which the person was convicted.
117	117	(d) A person may petition the court that imposed the
118	118	sentence for an order of nondisclosure of criminal history record
119	119	information under this section only on or after:
120	120	(1) the date of completion of the person's sentence, if
121	121	the offense of which the person was convicted was a misdemeanor
122	122	punishable by fine only; [or]
123	123	(2) the first [second] anniversary of the date of
124	124	completion of the person's sentence, if the offense of which the
125	125	person was convicted was a misdemeanor other than a misdemeanor
126	126	described by Subdivision (1);
127	127	(3) the fifth anniversary of the date of completion of
128	128	the person's sentence, if the offense of which the person was
129	129	convicted was a state jail felony;
130	130	(4) the seventh anniversary of the date of completion
131	131	of the person's sentence, if the offense of which the person was
132	132	convicted was a felony of the third degree;
133	133	(5) the 10th anniversary of the date of completion of
134	134	the person's sentence, if the offense of which the person was
135	135	convicted was a felony of the second degree; or
136	136	(6) the 12th anniversary of the date of completion of
137	137	the person's sentence, if the offense of which the person was
138	138	convicted was a felony of the first degree.
139	139	SECTION 6. This Act takes effect September 1, 2023.