Texas 2023 - 88th Regular

Texas Senate Bill SB1628 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R13002 JRR-F
2	2	By: Zaffirini S.B. No. 1628
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of certain criminal defendants for an
8	8	order of nondisclosure of criminal history record information.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.0725(e), Government Code, is amended
11	11	to read as follows:
12	12	(e) A person may petition the court that placed the person
13	13	on deferred adjudication community supervision for an order of
14	14	nondisclosure of criminal history record information under this
15	15	section only on or after:
16	16	(1) the discharge and dismissal, if the offense for
17	17	which the person was placed on deferred adjudication was a
18	18	misdemeanor other than a misdemeanor described by Subdivision (3)
19	19	[(2)];
20	20	(2) the first anniversary of the discharge and
21	21	dismissal, if the offense for which the person was placed on
22	22	deferred adjudication was a state jail felony other than a state
23	23	jail felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71,
24	24	Penal Code;
25	25	(3) the second anniversary of the discharge and
26	26	dismissal, if the offense for which the person was placed on
27	27	deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
28	28	25, 42, 43, or 46, Penal Code; or
29	29	(4) [(3)] the third [fifth] anniversary of the
30	30	discharge and dismissal, if the offense for which the person was
31	31	placed on deferred adjudication was a felony other than a state jail
32	32	felony described by Subdivision (2).
33	33	SECTION 2. The heading to Section 411.073, Government Code,
34	34	is amended to read as follows:
35	35	Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
36	36	FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL
37	37	FELONIES.
38	38	SECTION 3. Section 411.073, Government Code, is amended by
39	39	amending Subsections (a) and (d) and adding Subsection (e) to read
40	40	as follows:
41	41	(a) This section applies only to a person placed on
42	42	community supervision under Chapter 42A, Code of Criminal
43	43	Procedure:
44	44	(1) following a conviction of:
45	45	(A) a misdemeanor other than a misdemeanor under
46	46	Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
47	47	49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
48	48	(B) a state jail felony other than a state jail
49	49	felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal
50	50	Code; and
51	51	(2) under a provision of Chapter 42A, Code of Criminal
52	52	Procedure, other than Subchapter C, including:
53	53	(A) a provision that requires the person to serve
54	54	a term of confinement as a condition of community supervision; or
55	55	(B) another provision that authorizes placing a
56	56	person on community supervision after the person has served part of
57	57	a term of confinement imposed for the offense.
58	58	(d) A person may petition the court that placed the person
59	59	on community supervision for an order of nondisclosure of criminal
60	60	history record information under this section only on or after:
61	61	(1) the completion of the community supervision, if
62	62	the offense for which the person was placed on community
63	63	supervision was a misdemeanor other than a misdemeanor described by
64	64	Subdivision (3) [(2)]; [or]
65	65	(2) the first anniversary of the date of completion of
66	66	the community supervision, if the offense for which the person was
67	67	placed on community supervision was a state jail felony; or
68	68	(3) the second anniversary of the date of completion
69	69	of the community supervision, if the offense for which the person
70	70	was placed on community supervision was a misdemeanor under Chapter
71	71	20, 21, 22, 25, 42, 43, or 46, Penal Code.
72	72	(e) A court that issues an order of nondisclosure of
73	73	criminal history record information may include in the order any
74	74	offense arising out of the same transaction as the offense for which
75	75	the order is sought if the other offense:
76	76	(1) satisfies the requirements for issuance of an
77	77	order of nondisclosure of criminal history record information under
78	78	this section or another provision of this subchapter; or
79	79	(2) has not resulted in a final conviction and is no
80	80	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 final conviction and is no
122	122	longer pending.
123	123	SECTION 6. Subchapter E-1, Chapter 411, Government Code, is
124	124	amended by adding Section 411.0738 to read as follows:
125	125	Sec. 411.0738. PROCEDURE FOR MORE THAN ONE CONVICTION.
126	126	(a) This section applies only to a person who:
127	127	(1) has more than one conviction for an offense that is
128	128	a misdemeanor or state jail felony other than:
129	129	(A) a misdemeanor under Section 106.041,
130	130	Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065,
131	131	Penal Code, or Chapter 71, Penal Code; or
132	132	(B) a state jail felony under Chapter 19, 20, 21,
133	133	22, 25, 42, 43, 46, 49, or 71, Penal Code; and
134	134	(2) is not eligible for an order of nondisclosure of
135	135	criminal history record information under Section 411.073 or
136	136	411.0735.
137	137	(b) Notwithstanding any other provision of this subchapter
138	138	or Subchapter F, a person described by Subsection (a) who has
139	139	completed each sentence imposed, including any term of confinement
140	140	or period of community supervision imposed and payment of all
141	141	fines, costs, and restitution imposed, may petition any court that
142	142	imposed at least one of those sentences for an order of
143	143	nondisclosure of criminal history record information under this
144	144	section if the person satisfies the requirements of this section
145	145	and Section 411.074.
146	146	(c) Except as provided by Subsection (d), after notice to
147	147	the state, an opportunity for a hearing, and a determination that
148	148	the person is entitled to file the petition and issuance of the
149	149	order is in the best interest of justice, the court shall issue an
150	150	order prohibiting criminal justice agencies from disclosing to the
151	151	public criminal history record information related to the offenses
152	152	for which the person was convicted.
153	153	(d) A court may issue an order of nondisclosure of criminal
154	154	history record information under this section for a misdemeanor
155	155	under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code, other than a
156	156	misdemeanor under Section 22.01 of that code, only if the person:
157	157	(1) was placed on community supervision for the
158	158	offense; and
159	159	(2) completed the period of community supervision
160	160	imposed for the offense.
161	161	(e) A person may petition a court described by Subsection
162	162	(b) for an order of nondisclosure of criminal history record
163	163	information under this section only on or after:
164	164	(1) the third anniversary of the date of the
165	165	completion of all sentences imposed if the most serious offense for
166	166	which the order is sought is a misdemeanor;
167	167	(2) the fourth anniversary of the date of the
168	168	completion of all sentences imposed if:
169	169	(A) the most serious offense for which the order
170	170	is sought is a state jail felony; and
171	171	(B) the person's last sentence included a period
172	172	of community supervision that the person completed; or
173	173	(3) if neither Subdivision (1) nor (2) applies, the
174	174	fifth anniversary of the date of the completion of all sentences
175	175	imposed.
176	176	SECTION 7. This Act takes effect September 1, 2023.