Texas 2023 - 88th Regular

Texas House Bill HB401 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3274 JRR-D
2	2	By: Collier H.B. No. 401
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to automatic orders of nondisclosure of criminal history
8	8	record information for certain misdemeanor defendants who
9	9	successfully complete a period of community supervision following
10	10	conviction; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42.01, Code of Criminal Procedure, is
13	13	amended by adding Section 17 to read as follows:
14	14	Sec. 17. In addition to the information described by
15	15	Section 1, the judgment must reflect affirmative findings entered
16	16	pursuant to Article 42A.059.
17	17	SECTION 2. Subchapter B, Chapter 42A, Code of Criminal
18	18	Procedure, is amended by adding Article 42A.059 to read as follows:
19	19	Art. 42A.059. AFFIRMATIVE FINDING REGARDING AUTOMATIC
20	20	ORDER OF NONDISCLOSURE. If a judge places on community supervision
21	21	a defendant charged with a misdemeanor other than a misdemeanor
22	22	under Section 106.041, Alcoholic Beverage Code, Section 49.04,
23	23	49.05, 49.06, or 49.065, Penal Code, or Chapter 20, 21, 22, 25, 42,
24	24	43, 46, or 71, Penal Code, the judge shall make an affirmative
25	25	finding of fact and file a statement of that affirmative finding in
26	26	the judgment in the case if the judge determines that it is not in
27	27	the best interest of justice that the defendant receive an
28	28	automatic order of nondisclosure under Section 411.07299,
29	29	Government Code.
30	30	SECTION 3. Section 411.0716, Government Code, is amended by
31	31	amending Subsection (a) and adding Subsection (c) to read as
32	32	follows:
33	33	(a) Except as otherwise provided by this section
34	34	[Subsection (b)], this subchapter applies to the issuance of an
35	35	order of nondisclosure of criminal history record information for
36	36	an offense committed before, on, or after September 1, 2017.
37	37	(c) Section 411.07299 applies only to the issuance of an
38	38	order of nondisclosure of criminal history record information for
39	39	an offense committed on or after September 1, 2023.
40	40	SECTION 4. The heading to Section 411.072, Government Code,
41	41	is amended to read as follows:
42	42	Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
43	43	COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY
44	44	SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS.
45	45	SECTION 5. Subchapter E-1, Chapter 411, Government Code, is
46	46	amended by adding Section 411.07299 to read as follows:
47	47	Sec. 411.07299. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
48	48	CONVICTION AND COMPLETION OF COMMUNITY SUPERVISION; CERTAIN
49	49	NONVIOLENT MISDEMEANORS. (a) This section applies only to a
50	50	person who:
51	51	(1) was placed on community supervision under Chapter
52	52	42A, Code of Criminal Procedure:
53	53	(A) following a conviction of a misdemeanor other
54	54	than a misdemeanor:
55	55	(i) under Section 106.041, Alcoholic
56	56	Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, Penal Code,
57	57	or Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal Code; or
58	58	(ii) with respect to which an affirmative
59	59	finding under Article 42A.059, Code of Criminal Procedure, was
60	60	filed in the judgment in the case; and
61	61	(B) under a provision of Chapter 42A, Code of
62	62	Criminal Procedure, other than Subchapter C, including:
63	63	(i) a provision that requires the person to
64	64	serve a term of confinement as a condition of community
65	65	supervision; or
66	66	(ii) another provision that authorizes
67	67	placing a person on community supervision after the person has
68	68	served part of a term of confinement imposed for the offense; and
69	69	(2) has never been previously convicted of or placed
70	70	on deferred adjudication community supervision for another offense
71	71	other than a traffic offense that is punishable by fine only.
72	72	(b) Notwithstanding any other provision of this subchapter
73	73	or Subchapter F, if a person described by Subsection (a) completes
74	74	the period of community supervision, including any term of
75	75	confinement imposed and payment of all fines, costs, and
76	76	restitution imposed, and satisfies the requirements of Section
77	77	411.074 and if the person's community supervision is not revoked,
78	78	the court that placed the person on community supervision shall
79	79	issue an order of nondisclosure of criminal history record
80	80	information under this subchapter prohibiting criminal justice
81	81	agencies from disclosing to the public criminal history record
82	82	information related to the offense giving rise to the community
83	83	supervision. The court shall determine whether the person
84	84	satisfies the requirements of Section 411.074, and if the court
85	85	makes a finding that the requirements of that section are
86	86	satisfied, the court shall issue the order of nondisclosure of
87	87	criminal history record information:
88	88	(1) on the successful completion of the community
89	89	supervision, if the person completes the period of community
90	90	supervision on or after the 180th day after the date the court
91	91	placed the person on community supervision; or
92	92	(2) as soon as practicable on or after the 180th day
93	93	after the date the court placed the person on community
94	94	supervision, if the person completed the period of community
95	95	supervision before that date.
96	96	(c) The person shall present to the court any evidence
97	97	necessary to establish that the person is eligible to receive an
98	98	order of nondisclosure of criminal history record information under
99	99	this section. The person must pay a $28 fee to the clerk of the
100	100	court before the court issues the order.
101	101	(d) A person who is not eligible to receive an order of
102	102	nondisclosure of criminal history record information under this
103	103	section solely because an affirmative finding under Article
104	104	42A.059, Code of Criminal Procedure, was filed in the judgment in
105	105	the case may file a petition for an order of nondisclosure of
106	106	criminal history record information under Section 411.073 if the
107	107	person otherwise satisfies the requirements of that section.
108	108	SECTION 6. Section 411.073(a), Government Code, is amended
109	109	to read as follows:
110	110	(a) This section applies only to a person who:
111	111	(1) was placed on community supervision under Chapter
112	112	42A, Code of Criminal Procedure:
113	113	(A) [(1)] following a conviction of a
114	114	misdemeanor other than a misdemeanor under Section 106.041,
115	115	Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065,
116	116	Penal Code, or Chapter 71, Penal Code; and
117	117	(B) [(2)] under a provision of Chapter 42A, Code
118	118	of Criminal Procedure, other than Subchapter C, including:
119	119	(i) [(A)] a provision that requires the
120	120	person to serve a term of confinement as a condition of community
121	121	supervision; or
122	122	(ii) [(B)] another provision that
123	123	authorizes placing a person on community supervision after the
124	124	person has served part of a term of confinement imposed for the
125	125	offense; and
126	126	(2) is not eligible to receive an order of
127	127	nondisclosure of criminal history record information under Section
128	128	411.07299.
129	129	SECTION 7. Section 411.0735(a), Government Code, is amended
130	130	to read as follows:
131	131	(a) This section applies only to a person who:
132	132	(1) is convicted of a misdemeanor other than a
133	133	misdemeanor under Section 106.041, Alcoholic Beverage Code,
134	134	Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71,
135	135	Penal Code; and
136	136	(2) is not eligible for an order of nondisclosure of
137	137	criminal history record information under Section 411.07299 or
138	138	411.073.
139	139	SECTION 8. This Act takes effect September 1, 2023.