Texas 2025 - 89th Regular

Texas House Bill HB3654 Compare Versions

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

Old	New	Differences
1	1	89R14384 JRR-D
2	2	By: LaHood H.B. No. 3654
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to automatic orders of nondisclosure of criminal history
10	10	record information for certain criminal defendants.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter E-1, Chapter 411, Government Code, is
13	13	amended by adding Section 411.0718 to read as follows:
14	14	Sec. 411.0718. PROCEDURE FOR AUTOMATIC ORDER OF
15	15	NONDISCLOSURE OF CERTAIN NONVIOLENT MISDEMEANORS AND FELONIES. (a)
16	16	Subject to Subsection (b), a person is entitled to an automatic
17	17	order of nondisclosure of criminal history record information under
18	18	this section if:
19	19	(1) the person was convicted of or placed on deferred
20	20	adjudication community supervision under Subchapter C, Chapter
21	21	42A, Code of Criminal Procedure, for an offense other than:
22	22	(A) an offense punishable as a felony of the
23	23	first degree;
24	24	(B) an offense listed in Article 42A.054(a), Code
25	25	of Criminal Procedure;
26	26	(C) an offense for which the judgment contains an
27	27	affirmative finding under Article 42A.054(c) or (d), Code of
28	28	Criminal Procedure;
29	29	(D) an offense under Section 19.04, Penal Code;
30	30	(E) an offense under Chapter 21 or 43, Penal
31	31	Code;
32	32	(F) an offense under Chapter 49, Penal Code,
33	33	other than Section 49.02 or 49.031 of that code; or
34	34	(G) a traffic offense that is punishable by fine
35	35	only;
36	36	(2) either:
37	37	(A) the person was convicted of the offense
38	38	described by Subdivision (1) and completed the person's sentence,
39	39	including any term of confinement or period of community
40	40	supervision imposed and payment of all fines, costs, and
41	41	restitution imposed; or
42	42	(B) the person was placed on deferred
43	43	adjudication community supervision for the offense described by
44	44	Subdivision (1) and received a dismissal and discharge under
45	45	Article 42A.111, Code of Criminal Procedure, for the offense;
46	46	(3) the person satisfies the requirements of Section
47	47	411.074;
48	48	(4) the person has never been previously convicted of
49	49	or placed on deferred adjudication community supervision for
50	50	another offense other than a traffic offense that is punishable by
51	51	fine only; and
52	52	(5) the person has not previously received an order of
53	53	nondisclosure of criminal history record information under this
54	54	subchapter or other law for the offense described by Subdivision
55	55	(1).
56	56	(b) A person described by Subsection (a) becomes entitled to
57	57	an automatic order of nondisclosure of criminal history record
58	58	information under this section as follows:
59	59	(1) if the offense described by Subsection (a)(1) is a
60	60	misdemeanor or a felony, other than a felony described by
61	61	Subdivision (2), the 10th anniversary of, as applicable:
62	62	(A) the date of completion of the person's
63	63	sentence; or
64	64	(B) the date of the dismissal and discharge; or
65	65	(2) if the offense described by Subsection (a)(1) is a
66	66	felony of the second degree, the 15th anniversary of, as
67	67	applicable:
68	68	(A) the date of completion of the person's
69	69	sentence; or
70	70	(B) the date of the dismissal and discharge.
71	71	(c) Not later than the 15th day of each month, the
72	72	department shall:
73	73	(1) review the records in the department's
74	74	computerized criminal history system and, based on the relevant
75	75	information present in the system, identify and compile a list of
76	76	each person described by Subsection (a); and
77	77	(2) for each person identified on the list described
78	78	by Subdivision (1), provide to the applicable court that convicted
79	79	the person or placed the person on deferred adjudication community
80	80	supervision:
81	81	(A) notice of the person's entitlement to an
82	82	order of nondisclosure of criminal history record information under
83	83	this section; and
84	84	(B) a copy of the list described by Subdivision
85	85	(1).
86	86	(d) In identifying persons under Subsection (c)(1), the
87	87	department shall conduct a national criminal history background
88	88	check, which must include a search of criminal history record
89	89	information maintained or indexed by the Federal Bureau of
90	90	Investigation, for the purpose of identifying any criminal history
91	91	record information not in the department's computerized criminal
92	92	history system that would make a person ineligible to receive an
93	93	automatic order of nondisclosure of criminal history record
94	94	information under this section.
95	95	(e) Notwithstanding any other provision of this subchapter
96	96	or Subchapter F and except as provided by Subsection (f), if a court
97	97	that convicted a person or placed a person on deferred adjudication
98	98	community supervision receives notice from the department under
99	99	Subsection (c) that the person is entitled to an order of
100	100	nondisclosure of criminal history record information under this
101	101	section, the court shall, as soon as practicable after the receipt
102	102	of the notice, issue an order of nondisclosure of criminal history
103	103	record information under this subchapter prohibiting criminal
104	104	justice agencies from disclosing to the public criminal history
105	105	record information related to the offense for which the person was
106	106	convicted or giving rise to the deferred adjudication community
107	107	supervision.
108	108	(f) A court may not issue an order of nondisclosure of
109	109	criminal history record information under this section if the court
110	110	determines that the offense for which the order is sought, other
111	111	than an offense under Section 22.01, Penal Code, was violent or
112	112	sexual in nature.
113	113	(g) A person who is entitled to an order of nondisclosure of
114	114	criminal history record information under this section but who is
115	115	not identified by the department under Subsection (c) may present
116	116	to the court that convicted the person or placed the person on
117	117	deferred adjudication community supervision, as applicable, any
118	118	evidence necessary to establish that the person is entitled to
119	119	receive an order of nondisclosure of criminal history record
120	120	information under this section. The court shall prescribe the
121	121	manner in which the person may present the evidence to the court
122	122	under this subsection. The court shall determine whether the
123	123	person satisfies the requirements of this section, and if the court
124	124	makes a finding that the requirements of this section are
125	125	satisfied, the court shall issue an order of nondisclosure of
126	126	criminal history record information under Subsection (e) as soon as
127	127	practicable after making the finding.
128	128	(h) Notwithstanding any other law, a person who is entitled
129	129	to an order of nondisclosure of criminal history record information
130	130	under this section may not be required to pay any fee relating to
131	131	the issuance of the order.
132	132	SECTION 2. This Act takes effect January 1, 2026.