Texas 2023 - 88th Regular

Texas House Bill HB4362 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: A. Johnson of Harris H.B. No. 4362
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the eligibility of certain criminal defendants for an
7	7	order of nondisclosure of criminal history record information.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.0725(e), Government Code, is amended
10	10	to read as follows:
11	11	(e) A person may petition the court that placed the person
12	12	on deferred adjudication community supervision for an order of
13	13	nondisclosure of criminal history record information under this
14	14	section only on or after:
15	15	(1) the discharge and dismissal, if the offense for
16	16	which the person was placed on deferred adjudication was a
17	17	misdemeanor other than a misdemeanor described by Subdivision (3)
18	18	[(2)];
19	19	(2) the first anniversary of the discharge and
20	20	dismissal, if the offense for which the person was placed on
21	21	deferred adjudication was a state jail felony other than a state
22	22	jail felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71,
23	23	Penal Code;
24	24	(3) the second anniversary of the discharge and
25	25	dismissal, if the offense for which the person was placed on
26	26	deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
27	27	25, 42, 43, or 46, Penal Code; or
28	28	(4) [(3)] the third [fifth] anniversary of the
29	29	discharge and dismissal, if the offense for which the person was
30	30	placed on deferred adjudication was a felony other than a state jail
31	31	felony described by Subdivision (2).
32	32	SECTION 2. The heading to Section 411.073, Government Code,
33	33	is amended to read as follows:
34	34	Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
35	35	FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL
36	36	FELONIES.
37	37	SECTION 3. Section 411.073, Government Code, is amended by
38	38	amending Subsections (a) and (d) and adding Subsection (e) to read
39	39	as follows:
40	40	(a) This section applies only to a person placed on
41	41	community supervision under Chapter 42A, Code of Criminal
42	42	Procedure:
43	43	(1) following a conviction of:
44	44	(A) a misdemeanor other than a misdemeanor under
45	45	Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
46	46	49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
47	47	(B) a state jail felony other than a state jail
48	48	felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal
49	49	Code; and
50	50	(2) under a provision of Chapter 42A, Code of Criminal
51	51	Procedure, other than Subchapter C, including:
52	52	(A) a provision that requires the person to serve
53	53	a term of confinement as a condition of community supervision; or
54	54	(B) another provision that authorizes placing a
55	55	person on community supervision after the person has served part of
56	56	a term of confinement imposed for the offense.
57	57	(d) A person may petition the court that placed the person
58	58	on community supervision for an order of nondisclosure of criminal
59	59	history record information under this section only on or after:
60	60	(1) the completion of the community supervision, if
61	61	the offense for which the person was placed on community
62	62	supervision was a misdemeanor other than a misdemeanor described by
63	63	Subdivision (3) [(2)]; [or]
64	64	(2) the first anniversary of the date of completion of
65	65	the community supervision, if the offense for which the person was
66	66	placed on community supervision was a state jail felony; or
67	67	(3) the second anniversary of the date of completion
68	68	of the community supervision, if the offense for which the person
69	69	was placed on community supervision was a misdemeanor under Chapter
70	70	20, 21, 22, 25, 42, 43, or 46, Penal Code.
71	71	(e) A court that issues an order of nondisclosure of
72	72	criminal history record information may include in the order any
73	73	offense arising out of the same transaction as the offense for which
74	74	the order is sought if the other offense:
75	75	(1) satisfies the requirements for issuance of an
76	76	order of nondisclosure of criminal history record information under
77	77	this section or another provision of this subchapter; or
78	78	(2) has not resulted in a conviction or a dismissal and
79	79	discharge under Article 42A.111, Code of Criminal Procedure, and is
80	80	no longer pending.
81	81	SECTION 4. The heading to Section 411.0735, Government
82	82	Code, is amended to read as follows:
83	83	Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN
84	84	MISDEMEANORS AND STATE JAIL FELONIES.
85	85	SECTION 5. Section 411.0735, Government Code, is amended by
86	86	amending Subsections (a) and (d) and adding Subsection (e) to read
87	87	as follows:
88	88	(a) This section applies only to a person who:
89	89	(1) is convicted of:
90	90	(A) a misdemeanor other than a misdemeanor under
91	91	Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
92	92	49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
93	93	(B) a state jail felony other than a state jail
94	94	felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal
95	95	Code; and
96	96	(2) is not eligible for an order of nondisclosure of
97	97	criminal history record information under Section 411.073.
98	98	(d) A person may petition the court that imposed the
99	99	sentence for an order of nondisclosure of criminal history record
100	100	information under this section only on or after:
101	101	(1) the date of completion of the person's sentence, if
102	102	the offense of which the person was convicted was a misdemeanor
103	103	punishable by fine only; [or]
104	104	(2) the first [second] anniversary of the date of
105	105	completion of the person's sentence, if the offense of which the
106	106	person was convicted was a misdemeanor other than a misdemeanor
107	107	described by Subdivision (1) or (3)(A); or
108	108	(3) the second anniversary of the date of completion
109	109	of the person's sentence, if the offense of which the person was
110	110	convicted was:
111	111	(A) a misdemeanor under Chapter 20, 21, 22, 25,
112	112	42, 43, or 46, Penal Code; or
113	113	(B) a state jail felony.
114	114	(e) A court that issues an order of nondisclosure of
115	115	criminal history record information may include in the order any
116	116	offense arising out of the same transaction as the offense for which
117	117	the order is sought if the other offense:
118	118	(1) satisfies the requirements for issuance of an
119	119	order of nondisclosure of criminal history record information under
120	120	this section or another provision of this subchapter; or
121	121	(2) has not resulted in a conviction or a dismissal and
122	122	discharge under Article 42A.111, Code of Criminal Procedure, and is
123	123	no longer pending.
124	124	SECTION 6. Subchapter E-1, Chapter 411, Government Code, is
125	125	amended by adding Section 411.0738 to read as follows:
126	126	Sec. 411.0738. PROCEDURE FOR MORE THAN ONE CONVICTION.
127	127	(a) This section applies only to a person who:
128	128	(1) has more than one conviction for an offense that is
129	129	a misdemeanor or state jail felony other than:
130	130	(A) a misdemeanor under Section 106.041,
131	131	Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065,
132	132	Penal Code, or Chapter 71, Penal Code; or
133	133	(B) a state jail felony under Chapter 19, 20, 21,
134	134	22, 25, 42, 43, 46, 49, or 71, Penal Code; and
135	135	(2) is not eligible for an order of nondisclosure of
136	136	criminal history record information under Section 411.073 or
137	137	411.0735.
138	138	(b) Notwithstanding any other provision of this subchapter
139	139	or Subchapter F, a person described by Subsection (a) who has
140	140	completed each sentence imposed, including any term of confinement
141	141	or period of community supervision imposed and payment of all
142	142	fines, costs, and restitution imposed, may petition any court that
143	143	imposed at least one of those sentences for an order of
144	144	nondisclosure of criminal history record information under this
145	145	section if the person satisfies the requirements of this section
146	146	and Section 411.074.
147	147	(c) Except as provided by Subsection (d), after notice to
148	148	the state, an opportunity for a hearing, and a determination that
149	149	the person is entitled to file the petition and issuance of the
150	150	order is in the best interest of justice, the court shall issue an
151	151	order prohibiting criminal justice agencies from disclosing to the
152	152	public criminal history record information related to the offenses
153	153	for which the person was convicted.
154	154	(d) A court may issue an order of nondisclosure of criminal
155	155	history record information under this section for a misdemeanor
156	156	under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code, other than a
157	157	misdemeanor under Section 22.01 of that code, only if the person:
158	158	(1) was placed on community supervision for the
159	159	offense; and
160	160	(2) completed the period of community supervision
161	161	imposed for the offense.
162	162	(e) A person may petition a court described by Subsection
163	163	(b) for an order of nondisclosure of criminal history record
164	164	information under this section only on or after:
165	165	(1) the third anniversary of the date of the
166	166	completion of all sentences imposed if the most serious offense for
167	167	which the order is sought is a misdemeanor;
168	168	(2) the fourth anniversary of the date of the
169	169	completion of all sentences imposed if:
170	170	(A) the most serious offense for which the order
171	171	is sought is a state jail felony; and
172	172	(B) the person's last sentence included a period
173	173	of community supervision that the person completed; or
174	174	(3) if neither Subdivision (1) nor (2) applies, the
175	175	fifth anniversary of the date of the completion of all sentences
176	176	imposed.
177	177	SECTION 7. This Act takes effect September 1, 2023.