Texas 2023 - 88th Regular

Texas Senate Bill SB499 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3278 JRR-D
2	2	By: Zaffirini, Perry S.B. No. 499
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 following
9	9	successful completion of a period of deferred adjudication
10	10	community supervision.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 411.0716, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. This [(a)
15	15	Except as provided by Subsection (b), this] subchapter applies to
16	16	the issuance of an order of nondisclosure of criminal history
17	17	record information for an offense committed before, on, or after
18	18	January [September] 1, 2024 [2017].
19	19	[(b) Section 411.072 applies only to a person described by
20	20	Subsection (a) of that section who receives a discharge and
21	21	dismissal under Article 42A.111, Code of Criminal Procedure, on or
22	22	after September 1, 2017.]
23	23	SECTION 2. Section 411.072, Government Code, is amended to
24	24	read as follows:
25	25	Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
26	26	COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY
27	27	SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) A person is
28	28	entitled to an order of nondisclosure of criminal history record
29	29	information under this [This] section if [applies only to a person
30	30	who]:
31	31	(1) the person was placed on deferred adjudication
32	32	community supervision under Subchapter C, Chapter 42A, Code of
33	33	Criminal Procedure, for a misdemeanor other than a misdemeanor:
34	34	(A) under:
35	35	(i) Section 49.04 or 49.06, Penal Code; or
36	36	(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or
37	37	71, Penal Code; or
38	38	(B) with respect to which an affirmative finding
39	39	under Article 42A.105(f), Code of Criminal Procedure, or former
40	40	Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
41	41	in the papers of the case; [and]
42	42	(2) the person received a dismissal and discharge
43	43	under Article 42A.111, Code of Criminal Procedure, for the offense
44	44	described by Subdivision (1);
45	45	(3) at least 180 days have elapsed from the date the
46	46	person was placed on deferred adjudication community supervision
47	47	for the offense described by Subdivision (1);
48	48	(4) the person satisfies the requirements of Section
49	49	411.074;
50	50	(5) the person has never been previously convicted of
51	51	or placed on deferred adjudication community supervision for
52	52	another offense other than a traffic offense that is punishable by
53	53	fine only; and
54	54	(6) the person has not received an order of
55	55	nondisclosure of criminal history record information under this
56	56	section.
57	57	(b) Not later than the 15th day of each month, the
58	58	department shall:
59	59	(1) review the records in the department's
60	60	computerized criminal history system and, based on the relevant
61	61	information present in the system, identify each person who meets
62	62	the criteria provided by Subsection (a); and
63	63	(2) provide notice and a list to the clerk of the
64	64	applicable court that placed each person identified under
65	65	Subdivision (1) on deferred adjudication community supervision
66	66	indicating that each person may be entitled to an order of
67	67	nondisclosure of criminal history record information under this
68	68	section.
69	69	(c) For purposes of identifying persons under Subsection
70	70	(b)(1), if the computerized criminal history system or applicable
71	71	court records do not indicate whether a person received a dismissal
72	72	and discharge, the person is considered to satisfy the requirements
73	73	of Subsection (a)(2) if:
74	74	(1) the applicable court records do not contain an
75	75	order revoking the person's deferred adjudication community
76	76	supervision; and
77	77	(2) the date on which the period of deferred
78	78	adjudication community supervision imposed in the person's case
79	79	expires has elapsed.
80	80	(d) Notwithstanding any other provision of this subchapter
81	81	or Subchapter F, if a [person described by Subsection (a) receives a
82	82	discharge and dismissal under Article 42A.111, Code of Criminal
83	83	Procedure, and satisfies the requirements of Section 411.074, the]
84	84	court that placed a [the] person on deferred adjudication community
85	85	supervision receives notice from the department under Subsection
86	86	(b) applicable to the person, the court shall, as soon as
87	87	practicable after the receipt of the notice, issue an order of
88	88	nondisclosure of criminal history record information under this
89	89	subchapter prohibiting criminal justice agencies from disclosing
90	90	to the public criminal history record information related to the
91	91	offense giving rise to the deferred adjudication community
92	92	supervision. [The court shall determine whether the person
93	93	satisfies the requirements of Section 411.074, and if the court
94	94	makes a finding that the requirements of that section are
95	95	satisfied, the court shall issue the order of nondisclosure of
96	96	criminal history record information:
97	97	[(1) at the time the court discharges and dismisses
98	98	the proceedings against the person, if the discharge and dismissal
99	99	occurs on or after the 180th day after the date the court placed the
100	100	person on deferred adjudication community supervision; or
101	101	[(2) as soon as practicable on or after the 180th day
102	102	after the date the court placed the person on deferred adjudication
103	103	community supervision, if the discharge and dismissal occurred
104	104	before that date.]
105	105	(e) A [(c) The] person who is entitled to an order of
106	106	nondisclosure of criminal history record information under this
107	107	section but who is not identified by the department under
108	108	Subsection (b) may [shall] present to the court that placed the
109	109	person on deferred adjudication community supervision any evidence
110	110	necessary to establish that the person is entitled [eligible] to
111	111	receive an order of nondisclosure of criminal history record
112	112	information under this section. The court shall prescribe the
113	113	manner in which the person may present the evidence to the court
114	114	under this subsection. The court shall determine whether the
115	115	person satisfies the requirements of this section, and if the court
116	116	makes a finding that the requirements of this section are
117	117	satisfied, the court shall issue an order of nondisclosure of
118	118	criminal history record information under Subsection (d) as soon as
119	119	practicable after making the finding.
120	120	(f) Notwithstanding any other law, a [The] person who is
121	121	entitled to an order of nondisclosure of criminal history record
122	122	information under this section may not be required to [must] pay any
123	123	[a $28] fee relating to the issuance of [to the clerk of the court
124	124	before the court issues] the order.
125	125	(g) [(d)] A person who is not entitled [eligible] to receive
126	126	an order of nondisclosure of criminal history record information
127	127	under this section solely because an affirmative finding under
128	128	Article 42A.105(f), Code of Criminal Procedure, or former Section
129	129	5(k), Article 42.12, Code of Criminal Procedure, was filed in the
130	130	papers of the case may file a petition for an order of nondisclosure
131	131	of criminal history record information under Section 411.0725 if
132	132	the person otherwise satisfies the requirements of that section.
133	133	SECTION 3. Section 411.0725(a), Government Code, is amended
134	134	to read as follows:
135	135	(a) This section applies only to a person placed on deferred
136	136	adjudication community supervision under Subchapter C, Chapter
137	137	42A, Code of Criminal Procedure, who:
138	138	(1) is not entitled [eligible] to receive an order of
139	139	nondisclosure of criminal history record information under Section
140	140	411.072; and
141	141	(2) was placed on deferred adjudication community
142	142	supervision for an offense other than an offense under Section
143	143	49.04 or 49.06, Penal Code.
144	144	SECTION 4. This Act takes effect January 1, 2024.