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