88R3274 JRR-D
By: Collier H.B. No. 401
A BILL TO BE ENTITLED
AN ACT
relating to automatic orders of nondisclosure of criminal history
record information for certain misdemeanor defendants who
successfully complete a period of community supervision following
conviction; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.01, Code of Criminal Procedure, is
amended by adding Section 17 to read as follows:
Sec. 17. In addition to the information described by
Section 1, the judgment must reflect affirmative findings entered
pursuant to Article 42A.059.
SECTION 2. Subchapter B, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.059 to read as follows:
Art. 42A.059. AFFIRMATIVE FINDING REGARDING AUTOMATIC
ORDER OF NONDISCLOSURE. If a judge places on community supervision
a defendant charged with a misdemeanor other than a misdemeanor
under Section 106.041, Alcoholic Beverage Code, Section 49.04,
49.05, 49.06, or 49.065, Penal Code, or Chapter 20, 21, 22, 25, 42,
43, 46, or 71, Penal Code, the judge shall make an affirmative
finding of fact and file a statement of that affirmative finding in
the judgment in the case if the judge determines that it is not in
the best interest of justice that the defendant receive an
automatic order of nondisclosure under Section 411.07299,
Government Code.
SECTION 3. Section 411.0716, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as otherwise provided by this section
[Subsection (b)], this subchapter applies to the issuance of an
order of nondisclosure of criminal history record information for
an offense committed before, on, or after September 1, 2017.
(c) Section 411.07299 applies only to the issuance of an
order of nondisclosure of criminal history record information for
an offense committed on or after September 1, 2023.
SECTION 4. The heading to Section 411.072, Government Code,
is amended to read as follows:
Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY
SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS.
SECTION 5. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.07299 to read as follows:
Sec. 411.07299. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
CONVICTION AND COMPLETION OF COMMUNITY SUPERVISION; CERTAIN
NONVIOLENT MISDEMEANORS. (a) This section applies only to a
person who:
(1) was placed on community supervision under Chapter
42A, Code of Criminal Procedure:
(A) following a conviction of a misdemeanor other
than a misdemeanor:
(i) under Section 106.041, Alcoholic
Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, Penal Code,
or Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal Code; or
(ii) with respect to which an affirmative
finding under Article 42A.059, Code of Criminal Procedure, was
filed in the judgment in the case; and
(B) under a provision of Chapter 42A, Code of
Criminal Procedure, other than Subchapter C, including:
(i) a provision that requires the person to
serve a term of confinement as a condition of community
supervision; or
(ii) another provision that authorizes
placing a person on community supervision after the person has
served part of a term of confinement imposed for the offense; and
(2) has 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.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, if a person described by Subsection (a) completes
the period of community supervision, including any term of
confinement imposed and payment of all fines, costs, and
restitution imposed, and satisfies the requirements of Section
411.074 and if the person's community supervision is not revoked,
the court that placed the person on community supervision shall
issue an order of nondisclosure of criminal history record
information under this subchapter prohibiting criminal justice
agencies from disclosing to the public criminal history record
information related to the offense giving rise to the community
supervision. The court shall determine whether the person
satisfies the requirements of Section 411.074, and if the court
makes a finding that the requirements of that section are
satisfied, the court shall issue the order of nondisclosure of
criminal history record information:
(1) on the successful completion of the community
supervision, if the person completes the period of community
supervision on or after the 180th day after the date the court
placed the person on community supervision; or
(2) as soon as practicable on or after the 180th day
after the date the court placed the person on community
supervision, if the person completed the period of community
supervision before that date.
(c) The person shall present to the court any evidence
necessary to establish that the person is eligible to receive an
order of nondisclosure of criminal history record information under
this section. The person must pay a $28 fee to the clerk of the
court before the court issues the order.
(d) A person who is not eligible to receive an order of
nondisclosure of criminal history record information under this
section solely because an affirmative finding under Article
42A.059, Code of Criminal Procedure, was filed in the judgment in
the case may file a petition for an order of nondisclosure of
criminal history record information under Section 411.073 if the
person otherwise satisfies the requirements of that section.
SECTION 6. Section 411.073(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person who:
(1) was placed on community supervision under Chapter
42A, Code of Criminal Procedure:
(A) [(1)] following a conviction of a
misdemeanor other than a misdemeanor under Section 106.041,
Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065,
Penal Code, or Chapter 71, Penal Code; and
(B) [(2)] under a provision of Chapter 42A, Code
of Criminal Procedure, other than Subchapter C, including:
(i) [(A)] a provision that requires the
person to serve a term of confinement as a condition of community
supervision; or
(ii) [(B)] another provision that
authorizes placing a person on community supervision after the
person has served part of a term of confinement imposed for the
offense; and
(2) is not eligible to receive an order of
nondisclosure of criminal history record information under Section
411.07299.
SECTION 7. Section 411.0735(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person who:
(1) is convicted of a misdemeanor other than a
misdemeanor under Section 106.041, Alcoholic Beverage Code,
Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71,
Penal Code; and
(2) is not eligible for an order of nondisclosure of
criminal history record information under Section 411.07299 or
411.073.
SECTION 8. This Act takes effect September 1, 2023.