| 1 | 1 | | 88R20457 JRR-F |
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| 2 | 2 | | By: Collier H.B. No. 399 |
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| 3 | 3 | | Substitute the following for H.B. No. 399: |
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| 4 | 4 | | By: Moody C.S.H.B. No. 399 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to orders of nondisclosure of criminal history record |
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| 10 | 10 | | information for certain misdemeanor defendants following |
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| 11 | 11 | | successful completion of a period of deferred adjudication |
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| 12 | 12 | | community supervision. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 411.072(a), Government Code, is amended |
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| 15 | 15 | | to read as follows: |
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| 16 | 16 | | (a) This section applies only to a person who: |
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| 17 | 17 | | (1) was placed on deferred adjudication community |
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| 18 | 18 | | supervision under Subchapter C, Chapter 42A, Code of Criminal |
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| 19 | 19 | | Procedure, for a misdemeanor other than a misdemeanor: |
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| 20 | 20 | | (A) under: |
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| 21 | 21 | | (i) Section 49.04 or 49.06, Penal Code; or |
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| 22 | 22 | | (ii) Chapter 20, 21, 22, 25, 42, 43, 46, or |
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| 23 | 23 | | 71, Penal Code; or |
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| 24 | 24 | | (B) with respect to which an affirmative finding |
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| 25 | 25 | | under Article 42A.105(f), Code of Criminal Procedure, or former |
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| 26 | 26 | | Section 5(k), Article 42.12, Code of Criminal Procedure, was filed |
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| 27 | 27 | | in the papers of the case; and |
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| 28 | 28 | | (2) has not more than one previous offense, other than |
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| 29 | 29 | | a traffic offense that is punishable by fine only, for which the |
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| 30 | 30 | | person was [never been previously] convicted [of] or placed on |
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| 31 | 31 | | deferred adjudication community supervision [for another offense |
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| 32 | 32 | | other than a traffic offense that is punishable by fine only]. |
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| 33 | 33 | | SECTION 2. Notwithstanding Section 411.0716(b), Government |
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| 34 | 34 | | Code, the change in law made by this Act to Section 411.072, |
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| 35 | 35 | | Government Code, applies only to a person described by Subsection |
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| 36 | 36 | | (a) of that section who receives a dismissal and discharge under |
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| 37 | 37 | | Article 42A.111, Code of Criminal Procedure, on or after the |
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| 38 | 38 | | effective date of this Act. A person who receives a dismissal and |
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| 39 | 39 | | discharge under Article 42A.111, Code of Criminal Procedure, before |
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| 40 | 40 | | the effective date of this Act is governed by the law in effect on |
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| 41 | 41 | | the date the dismissal and discharge was received, and the former |
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| 42 | 42 | | law is continued in effect for that purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2023. |
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