Texas 2025 - 89th Regular

Texas House Bill HB3261 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14416 JSC-D
2	2	By: Johnson H.B. No. 3261
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the eligibility of certain criminal defendants for an
10	10	order of nondisclosure of criminal history record information.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act shall be known as the Crime Reduction
13	13	and Economic Growth Act.
14	14	SECTION 2. Section 126.004(d), Government Code, is amended
15	15	to read as follows:
16	16	(d) A program established under this chapter shall provide
17	17	each program participant with information related to the right to
18	18	petition for an order of nondisclosure of criminal history record
19	19	information under Section 411.0727 or 411.0728.
20	20	SECTION 3. Section 411.0725(e), Government Code, is amended
21	21	to read as follows:
22	22	(e) A person may petition the court that placed the person
23	23	on deferred adjudication community supervision for an order of
24	24	nondisclosure of criminal history record information under this
25	25	section only on or after:
26	26	(1) the discharge and dismissal, if the offense for
27	27	which the person was placed on deferred adjudication was a
28	28	misdemeanor other than a misdemeanor described by Subdivision (3)
29	29	[(2)];
30	30	(2) the first anniversary of the discharge and
31	31	dismissal, if the offense for which the person was placed on
32	32	deferred adjudication was a state jail felony other than a state
33	33	jail felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71,
34	34	Penal Code;
35	35	(3) the second anniversary of the discharge and
36	36	dismissal, if the offense for which the person was placed on
37	37	deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
38	38	25, 42, 43, or 46, Penal Code; or
39	39	(4) [(3)] the third [fifth] anniversary of the
40	40	discharge and dismissal, if the offense for which the person was
41	41	placed on deferred adjudication was a felony other than a state jail
42	42	felony described by Subdivision (2).
43	43	SECTION 4. Section 411.0727, Government Code, is amended to
44	44	read as follows:
45	45	Sec. 411.0727. PROCEDURE FOLLOWING SUCCESSFUL COMPLETION
46	46	OF SPECIALTY [VETERANS TREATMENT] COURT PROGRAM. (a) This section
47	47	applies only to a person who successfully completes a specialty
48	48	[veterans treatment] court program under Subtitle K, Title 2,
49	49	[Chapter 124] or former law.
50	50	(b) Notwithstanding any other provision of this subchapter
51	51	or Subchapter F, a person described by Subsection (a) is entitled to
52	52	file with the court that placed the person in the specialty
53	53	[veterans treatment] court program a petition for an order of
54	54	nondisclosure of criminal history record information under this
55	55	section if the person:
56	56	(1) satisfies the requirements of this section and
57	57	Section 411.074;
58	58	(2) has never been previously convicted of an offense
59	59	listed in Article 42A.054(a), Code of Criminal Procedure, or a
60	60	sexually violent offense, as defined by Article 62.001, Code of
61	61	Criminal Procedure; and
62	62	(3) is not convicted of any felony offense between the
63	63	date on which the person successfully completed the program and the
64	64	second anniversary of that date.
65	65	(c) Regardless of whether the person was convicted of or
66	66	placed on deferred adjudication community supervision for the
67	67	offense for which the person entered the specialty [veterans
68	68	treatment] court program or whether the case against the person was
69	69	dismissed following successful completion of the applicable
70	70	specialty court program [under Section 124.001(b)], after notice to
71	71	the state, an opportunity for a hearing, and a determination that
72	72	the person is entitled to file the petition and issuance of the
73	73	order is in the best interest of justice, the court shall issue an
74	74	order prohibiting criminal justice agencies from disclosing to the
75	75	public criminal history record information related to the offense
76	76	for which the person entered the specialty [veterans treatment]
77	77	court program.
78	78	(d) A person may file with the court that placed the person
79	79	in the specialty [veterans treatment] court program a petition for
80	80	an order of nondisclosure of criminal history record information
81	81	under this section only on or after the second anniversary of the
82	82	date the person successfully completed the program.
83	83	(e) A person is not entitled to petition the court for an
84	84	order of nondisclosure of criminal history record information under
85	85	this section if the person's entry into the specialty [veterans
86	86	treatment] court program arose as the result of a conviction of an
87	87	offense involving the operation of a motor vehicle while
88	88	intoxicated.
89	89	SECTION 5. The heading to Section 411.073, Government Code,
90	90	is amended to read as follows:
91	91	Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
92	92	FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL
93	93	FELONIES.
94	94	SECTION 6. Section 411.073, Government Code, is amended by
95	95	amending Subsections (a) and (d) and adding Subsection (e) to read
96	96	as follows:
97	97	(a) This section applies only to a person placed on
98	98	community supervision under Chapter 42A, Code of Criminal
99	99	Procedure:
100	100	(1) following a conviction of:
101	101	(A) a misdemeanor other than a misdemeanor under
102	102	Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
103	103	49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
104	104	(B) a state jail felony other than a state jail
105	105	felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal
106	106	Code; and
107	107	(2) under a provision of Chapter 42A, Code of Criminal
108	108	Procedure, other than Subchapter C, including:
109	109	(A) a provision that requires the person to serve
110	110	a term of confinement as a condition of community supervision; or
111	111	(B) another provision that authorizes placing a
112	112	person on community supervision after the person has served part of
113	113	a term of confinement imposed for the offense.
114	114	(d) A person may petition the court that placed the person
115	115	on community supervision for an order of nondisclosure of criminal
116	116	history record information under this section only on or after:
117	117	(1) the completion of the community supervision, if
118	118	the offense for which the person was placed on community
119	119	supervision was a misdemeanor other than a misdemeanor described by
120	120	Subdivision (3) [(2)]; [or]
121	121	(2) the first anniversary of the date of completion of
122	122	the community supervision, if the offense for which the person was
123	123	placed on community supervision was a state jail felony; or
124	124	(3) the second anniversary of the date of completion
125	125	of the community supervision, if the offense for which the person
126	126	was placed on community supervision was a misdemeanor under Chapter
127	127	20, 21, 22, 25, 42, 43, or 46, Penal Code.
128	128	(e) A court that issues an order of nondisclosure of
129	129	criminal history record information may include in the order any
130	130	offense arising out of the same transaction as the offense for which
131	131	the order is sought if the other offense:
132	132	(1) satisfies the requirements for issuance of an
133	133	order of nondisclosure of criminal history record information under
134	134	this section or another provision of this subchapter; or
135	135	(2) has not resulted in a conviction or a dismissal and
136	136	discharge under Article 42A.111, Code of Criminal Procedure, and is
137	137	no longer pending.
138	138	SECTION 7. The heading to Section 411.0735, Government
139	139	Code, is amended to read as follows:
140	140	Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN
141	141	MISDEMEANORS AND STATE JAIL FELONIES.
142	142	SECTION 8. Section 411.0735, Government Code, is amended by
143	143	amending Subsections (a) and (d) and adding Subsection (e) to read
144	144	as follows:
145	145	(a) This section applies only to a person who:
146	146	(1) is convicted of:
147	147	(A) a misdemeanor other than a misdemeanor under
148	148	Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
149	149	49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
150	150	(B) a state jail felony other than a state jail
151	151	felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal
152	152	Code; and
153	153	(2) is not eligible for an order of nondisclosure of
154	154	criminal history record information under Section 411.073.
155	155	(d) A person may petition the court that imposed the
156	156	sentence for an order of nondisclosure of criminal history record
157	157	information under this section only on or after:
158	158	(1) the date of completion of the person's sentence, if
159	159	the offense of which the person was convicted was a misdemeanor
160	160	punishable by fine only; [or]
161	161	(2) the first [second] anniversary of the date of
162	162	completion of the person's sentence, if the offense of which the
163	163	person was convicted was a misdemeanor other than a misdemeanor
164	164	described by Subdivision (1) or (3)(A); or
165	165	(3) the second anniversary of the date of completion
166	166	of the person's sentence, if the offense of which the person was
167	167	convicted was:
168	168	(A) a misdemeanor under Chapter 20, 21, 22, 25,
169	169	42, 43, or 46, Penal Code; or
170	170	(B) a state jail felony.
171	171	(e) A court that issues an order of nondisclosure of
172	172	criminal history record information may include in the order any
173	173	offense arising out of the same transaction as the offense for which
174	174	the order is sought if the other offense:
175	175	(1) satisfies the requirements for issuance of an
176	176	order of nondisclosure of criminal history record information under
177	177	this section or another provision of this subchapter; or
178	178	(2) has not resulted in a conviction or a dismissal and
179	179	discharge under Article 42A.111, Code of Criminal Procedure, and is
180	180	no longer pending.
181	181	SECTION 9. Subchapter E-1, Chapter 411, Government Code, is
182	182	amended by adding Sections 411.0738 and 411.0739 to read as
183	183	follows:
184	184	Sec. 411.0738. PROCEDURE FOR MORE THAN ONE CONVICTION.
185	185	(a) This section applies only to a person who:
186	186	(1) has more than one conviction for an offense that is
187	187	a misdemeanor or state jail felony other than:
188	188	(A) a misdemeanor under Section 106.041,
189	189	Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065,
190	190	Penal Code, or Chapter 71, Penal Code; or
191	191	(B) a state jail felony under Chapter 19, 20, 21,
192	192	22, 25, 42, 43, 46, 49, or 71, Penal Code; and
193	193	(2) is not eligible for an order of nondisclosure of
194	194	criminal history record information under Section 411.073 or
195	195	411.0735.
196	196	(b) Notwithstanding any other provision of this subchapter
197	197	or Subchapter F, a person described by Subsection (a) who has
198	198	completed each sentence imposed, including any term of confinement
199	199	or period of community supervision imposed and payment of all
200	200	fines, costs, and restitution imposed, may petition any court that
201	201	imposed at least one of those sentences for an order of
202	202	nondisclosure of criminal history record information under this
203	203	section if the person satisfies the requirements of this section
204	204	and Section 411.074.
205	205	(c) Except as provided by Subsection (d), after notice to
206	206	the state, an opportunity for a hearing, and a determination that
207	207	the person is entitled to file the petition and issuance of the
208	208	order is in the best interest of justice, the court shall issue an
209	209	order prohibiting criminal justice agencies from disclosing to the
210	210	public criminal history record information related to the offenses
211	211	for which the person was convicted.
212	212	(d) A court may issue an order of nondisclosure of criminal
213	213	history record information under this section for a misdemeanor
214	214	under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code, other than a
215	215	misdemeanor under Section 22.01 of that code, only if the person:
216	216	(1) was placed on community supervision for the
217	217	offense; and
218	218	(2) completed the period of community supervision
219	219	imposed for the offense.
220	220	(e) A person may petition a court described by Subsection
221	221	(b) for an order of nondisclosure of criminal history record
222	222	information under this section only on or after:
223	223	(1) the third anniversary of the date of the
224	224	completion of all sentences imposed if the most serious offense for
225	225	which the order is sought is a misdemeanor;
226	226	(2) the fourth anniversary of the date of the
227	227	completion of all sentences imposed if:
228	228	(A) the most serious offense for which the order
229	229	is sought is a state jail felony; and
230	230	(B) the person's last sentence included a period
231	231	of community supervision that the person completed; or
232	232	(3) if neither Subdivision (1) nor (2) applies, the
233	233	fifth anniversary of the date of the completion of all sentences
234	234	imposed.
235	235	Sec. 411.0739. PROCEDURE FOR CONVICTION FOLLOWING
236	236	SUCCESSFUL COMPLETION OF SENTENCE; CERTAIN MISDEMEANORS AND
237	237	FELONIES COMMITTED WHEN YOUNGER THAN 25 YEARS OF AGE. (a) This
238	238	section applies only to a person who:
239	239	(1) is convicted of an offense other than an offense:
240	240	(A) listed in Article 42A.054(a), Code of
241	241	Criminal Procedure; or
242	242	(B) for which the judgment contains an
243	243	affirmative finding under Article 42A.054(c) or (d), Code of
244	244	Criminal Procedure;
245	245	(2) was younger than 25 years of age at the time the
246	246	offense described by Subdivision (1) was committed; and
247	247	(3) has not previously received an order of
248	248	nondisclosure of criminal history record information under this
249	249	subchapter or other law for the offense described by Subdivision
250	250	(1).
251	251	(b) Notwithstanding any other provision of this subchapter
252	252	or Subchapter F, a person described by Subsection (a) who completes
253	253	the person's sentence, including any term of confinement or period
254	254	of community supervision imposed and payment of all fines, costs,
255	255	and restitution imposed, may petition the court that imposed the
256	256	sentence for an order of nondisclosure of criminal history record
257	257	information under this section if the person satisfies the
258	258	requirements of this section and Section 411.074.
259	259	(c) Except as provided by Section 411.074, a person may
260	260	petition the court for an order of nondisclosure of criminal
261	261	history record information under this section regardless of whether
262	262	the person has been previously convicted of or placed on deferred
263	263	adjudication community supervision for another offense.
264	264	(d) After notice to the state, an opportunity for a hearing,
265	265	and a determination that the person is entitled to file the petition
266	266	and issuance of the order is in the best interest of justice, the
267	267	court shall issue an order prohibiting criminal justice agencies
268	268	from disclosing to the public criminal history record information
269	269	related to the offense for which the person was convicted.
270	270	(e) A person may petition the court that imposed the
271	271	sentence for an order of nondisclosure of criminal history record
272	272	information under this section only on or after:
273	273	(1) the second anniversary of the date of completion
274	274	of the person's sentence, if the offense of which the person was
275	275	convicted was a misdemeanor; or
276	276	(2) the fifth anniversary of the date of completion of
277	277	the person's sentence, if the offense of which the person was
278	278	convicted was a felony.
279	279	SECTION 10. Sections 123.001(b) and (c), Government Code,
280	280	are repealed.
281	281	SECTION 11. This Act takes effect September 1, 2025.