88R752 TSS-D
By: A. Johnson of Harris, Thompson of Harris, H.B. No. 252
Jones of Harris, Guillen, Allen
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for an order of nondisclosure of
criminal history record information of a criminal defendant who has
successfully completed a specialty court program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.0727, Government Code, is amended to
read as follows:
Sec. 411.0727. PROCEDURE FOLLOWING SUCCESSFUL COMPLETION
OF SPECIALTY [VETERANS TREATMENT] COURT PROGRAM. (a) This section
applies only to a person who successfully completes a specialty
[veterans treatment] court program under Subtitle K, Title 2,
[Chapter 124] or former law.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) is entitled to
file with the court that placed the person in the specialty
[veterans treatment] court program a petition 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;
(2) has never been previously convicted of an offense
listed in Article 42A.054(a), Code of Criminal Procedure, or a
sexually violent offense, as defined by Article 62.001, Code of
Criminal Procedure; and
(3) is not convicted of any felony offense between the
date on which the person successfully completed the program and the
second anniversary of that date.
(c) Regardless of whether the person was convicted of or
placed on deferred adjudication community supervision for the
offense for which the person entered the specialty [veterans
treatment] court program or whether the case against the person was
dismissed following successful completion of the applicable
specialty court program [under Section 124.001(b)], 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 entered the specialty [veterans treatment]
court program.
(d) A person may file with the court that placed the person
in the specialty [veterans treatment] court program a petition for
an order of nondisclosure of criminal history record information
under this section only on or after the second anniversary of the
date the person successfully completed the program.
(e) A person is not entitled to petition the court for an
order of nondisclosure of criminal history record information under
this section if the person's entry into the specialty [veterans
treatment] court program arose as the result of a conviction of an
offense involving the operation of a motor vehicle while
intoxicated.
SECTION 2. This Act takes effect September 1, 2023.