88R11631 JRR-D
By: A. Johnson of Harris, Gamez, Frazier H.B. No. 3341
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of criminal defendants for an order of
nondisclosure of criminal history record information for certain
offenses committed when younger than 25 years of age.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0739 to read as follows:
Sec. 411.0739. PROCEDURE FOR CONVICTION FOLLOWING
SUCCESSFUL COMPLETION OF SENTENCE; CERTAIN MISDEMEANORS AND
FELONIES COMMITTED WHEN YOUNGER THAN 25 YEARS OF AGE. (a) This
section applies only to a person who:
(1) is convicted of an offense other than an offense:
(A) listed in Article 42A.054(a), Code of
Criminal Procedure; or
(B) for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure;
(2) was younger than 25 years of age at the time the
offense described by Subdivision (1) was committed; and
(3) has not previously received an order of
nondisclosure of criminal history record information under this
subchapter or other law for the offense described by Subdivision
(1).
(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 or period
of community supervision 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 satisfies the
requirements of this section and Section 411.074.
(c) Except as provided by Section 411.074, a person may
petition the court for an order of nondisclosure of criminal
history record information under this section regardless of whether
the person has been previously convicted of or placed on deferred
adjudication community supervision for another offense.
(d) 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.
(e) 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 second anniversary of the date of completion
of the person's sentence, if the offense of which the person was
convicted was a misdemeanor; or
(2) the fifth anniversary of the date of completion of
the person's sentence, if the offense of which the person was
convicted was a felony.
SECTION 2. This Act takes effect September 1, 2023.