| 1 | 1 | | 88R1330 JRR-D |
|---|
| 2 | 2 | | By: Thompson of Harris, Sherman, Sr., Garcia H.B. No. 392 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the date on which certain persons placed on deferred |
|---|
| 8 | 8 | | adjudication community supervision are eligible to file a petition |
|---|
| 9 | 9 | | for an order of nondisclosure of criminal history record |
|---|
| 10 | 10 | | information. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 411.0725(e), Government Code, is amended |
|---|
| 13 | 13 | | to read as follows: |
|---|
| 14 | 14 | | (e) A person may petition the court that placed the person |
|---|
| 15 | 15 | | on deferred adjudication community supervision for an order of |
|---|
| 16 | 16 | | nondisclosure of criminal history record information under this |
|---|
| 17 | 17 | | section only on or after: |
|---|
| 18 | 18 | | (1) the discharge and dismissal, if the offense for |
|---|
| 19 | 19 | | which the person was placed on deferred adjudication was a |
|---|
| 20 | 20 | | misdemeanor other than a misdemeanor described by Subdivision |
|---|
| 21 | 21 | | (2)(A) [(2)]; |
|---|
| 22 | 22 | | (2) the first [second] anniversary of the discharge |
|---|
| 23 | 23 | | and dismissal, if the offense for which the person was placed on |
|---|
| 24 | 24 | | deferred adjudication was: |
|---|
| 25 | 25 | | (A) a misdemeanor under Chapter 20, 21, 22, 25, |
|---|
| 26 | 26 | | 42, 43, or 46, Penal Code; or |
|---|
| 27 | 27 | | (B) a state jail felony listed in Article |
|---|
| 28 | 28 | | 42A.551(a), Code of Criminal Procedure; or |
|---|
| 29 | 29 | | (3) the third [fifth] anniversary of the discharge and |
|---|
| 30 | 30 | | dismissal, if the offense for which the person was placed on |
|---|
| 31 | 31 | | deferred adjudication was a felony other than a state jail felony |
|---|
| 32 | 32 | | described by Subdivision (2)(B). |
|---|
| 33 | 33 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|