| 1 | 1 | | 89R10699 JRR-F |
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| 2 | 2 | | By: Moody H.B. No. 2447 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the eligibility of criminal defendants for an order of |
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| 10 | 10 | | nondisclosure of criminal history record information for certain |
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| 11 | 11 | | offenses committed when younger than 25 years of age. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter E-1, Government Code, is amended by |
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| 14 | 14 | | adding Section 411.0739 to read as follows: |
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| 15 | 15 | | Sec. 411.0739. PROCEDURE FOR CONVICTION FOLLOWING |
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| 16 | 16 | | SUCCESSFUL COMPLETION OF SENTENCE; CERTAIN OFFENSES COMMITTED BY |
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| 17 | 17 | | YOUTHFUL OFFENDERS. (a) This section applies only to a person who: |
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| 18 | 18 | | (1) is convicted of a felony offense, other than an |
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| 19 | 19 | | offense punishable as a felony of the first degree, that was |
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| 20 | 20 | | committed when the person was younger than 25 years of age; and |
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| 21 | 21 | | (2) is not eligible for an order of nondisclosure of |
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| 22 | 22 | | criminal history record information under Section 411.0725. |
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| 23 | 23 | | (b) Notwithstanding any other provision of this subchapter |
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| 24 | 24 | | or Subchapter F, a person described by Subsection (a) who completes |
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| 25 | 25 | | the person's sentence, including any term of confinement or period |
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| 26 | 26 | | of community supervision imposed and payment of all fines, costs, |
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| 27 | 27 | | and restitution imposed, may petition the court that imposed the |
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| 28 | 28 | | sentence for an order of nondisclosure of criminal history record |
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| 29 | 29 | | information under this section if the person: |
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| 30 | 30 | | (1) satisfies the requirements of this section and |
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| 31 | 31 | | Section 411.074; and |
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| 32 | 32 | | (2) has never been previously convicted of or placed |
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| 33 | 33 | | on deferred adjudication community supervision for another felony |
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| 34 | 34 | | offense. |
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| 35 | 35 | | (c) After notice to the state, an opportunity for a hearing, |
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| 36 | 36 | | and a determination that the person is entitled to file the petition |
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| 37 | 37 | | and issuance of the order is in the best interest of justice, the |
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| 38 | 38 | | court shall issue an order prohibiting criminal justice agencies |
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| 39 | 39 | | from disclosing to the public criminal history record information |
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| 40 | 40 | | related to the offense for which the person was convicted. |
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| 41 | 41 | | (d) A person may petition the court that imposed the |
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| 42 | 42 | | sentence for an order of nondisclosure of criminal history record |
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| 43 | 43 | | information under this section only on or after the 15th |
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| 44 | 44 | | anniversary of the date of completion of the person's sentence. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2025. |
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