| 1 | 1 | | 88R11631 JRR-D |
|---|
| 2 | 2 | | By: A. Johnson of Harris, Gamez, Frazier H.B. No. 3341 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the eligibility of criminal defendants for an order of |
|---|
| 8 | 8 | | nondisclosure of criminal history record information for certain |
|---|
| 9 | 9 | | offenses committed when younger than 25 years of age. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter E-1, Chapter 411, Government Code, is |
|---|
| 12 | 12 | | amended by adding Section 411.0739 to read as follows: |
|---|
| 13 | 13 | | Sec. 411.0739. PROCEDURE FOR CONVICTION FOLLOWING |
|---|
| 14 | 14 | | SUCCESSFUL COMPLETION OF SENTENCE; CERTAIN MISDEMEANORS AND |
|---|
| 15 | 15 | | FELONIES COMMITTED WHEN YOUNGER THAN 25 YEARS OF AGE. (a) This |
|---|
| 16 | 16 | | section applies only to a person who: |
|---|
| 17 | 17 | | (1) is convicted of an offense other than an offense: |
|---|
| 18 | 18 | | (A) listed in Article 42A.054(a), Code of |
|---|
| 19 | 19 | | Criminal Procedure; or |
|---|
| 20 | 20 | | (B) for which the judgment contains an |
|---|
| 21 | 21 | | affirmative finding under Article 42A.054(c) or (d), Code of |
|---|
| 22 | 22 | | Criminal Procedure; |
|---|
| 23 | 23 | | (2) was younger than 25 years of age at the time the |
|---|
| 24 | 24 | | offense described by Subdivision (1) was committed; and |
|---|
| 25 | 25 | | (3) has not previously received an order of |
|---|
| 26 | 26 | | nondisclosure of criminal history record information under this |
|---|
| 27 | 27 | | subchapter or other law for the offense described by Subdivision |
|---|
| 28 | 28 | | (1). |
|---|
| 29 | 29 | | (b) Notwithstanding any other provision of this subchapter |
|---|
| 30 | 30 | | or Subchapter F, a person described by Subsection (a) who completes |
|---|
| 31 | 31 | | the person's sentence, including any term of confinement or period |
|---|
| 32 | 32 | | of community supervision imposed and payment of all fines, costs, |
|---|
| 33 | 33 | | and restitution imposed, may petition the court that imposed the |
|---|
| 34 | 34 | | sentence for an order of nondisclosure of criminal history record |
|---|
| 35 | 35 | | information under this section if the person satisfies the |
|---|
| 36 | 36 | | requirements of this section and Section 411.074. |
|---|
| 37 | 37 | | (c) Except as provided by Section 411.074, a person may |
|---|
| 38 | 38 | | petition the court for an order of nondisclosure of criminal |
|---|
| 39 | 39 | | history record information under this section regardless of whether |
|---|
| 40 | 40 | | the person has been previously convicted of or placed on deferred |
|---|
| 41 | 41 | | adjudication community supervision for another offense. |
|---|
| 42 | 42 | | (d) After notice to the state, an opportunity for a hearing, |
|---|
| 43 | 43 | | and a determination that the person is entitled to file the petition |
|---|
| 44 | 44 | | and issuance of the order is in the best interest of justice, the |
|---|
| 45 | 45 | | court shall issue an order prohibiting criminal justice agencies |
|---|
| 46 | 46 | | from disclosing to the public criminal history record information |
|---|
| 47 | 47 | | related to the offense for which the person was convicted. |
|---|
| 48 | 48 | | (e) A person may petition the court that imposed the |
|---|
| 49 | 49 | | sentence for an order of nondisclosure of criminal history record |
|---|
| 50 | 50 | | information under this section only on or after: |
|---|
| 51 | 51 | | (1) the second anniversary of the date of completion |
|---|
| 52 | 52 | | of the person's sentence, if the offense of which the person was |
|---|
| 53 | 53 | | convicted was a misdemeanor; or |
|---|
| 54 | 54 | | (2) the fifth anniversary of the date of completion of |
|---|
| 55 | 55 | | the person's sentence, if the offense of which the person was |
|---|
| 56 | 56 | | convicted was a felony. |
|---|
| 57 | 57 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|