89R14384 JRR-D
By: LaHood H.B. No. 3654
A BILL TO BE ENTITLED
AN ACT
relating to automatic orders of nondisclosure of criminal history
record information for certain criminal defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0718 to read as follows:
Sec. 411.0718. PROCEDURE FOR AUTOMATIC ORDER OF
NONDISCLOSURE OF CERTAIN NONVIOLENT MISDEMEANORS AND FELONIES. (a)
Subject to Subsection (b), a person is entitled to an automatic
order of nondisclosure of criminal history record information under
this section if:
(1) the person was convicted of or placed on deferred
adjudication community supervision under Subchapter C, Chapter
42A, Code of Criminal Procedure, for an offense other than:
(A) an offense punishable as a felony of the
first degree;
(B) an offense listed in Article 42A.054(a), Code
of Criminal Procedure;
(C) an offense for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure;
(D) an offense under Section 19.04, Penal Code;
(E) an offense under Chapter 21 or 43, Penal
Code;
(F) an offense under Chapter 49, Penal Code,
other than Section 49.02 or 49.031 of that code; or
(G) a traffic offense that is punishable by fine
only;
(2) either:
(A) the person was convicted of the offense
described by Subdivision (1) and completed the person's sentence,
including any term of confinement or period of community
supervision imposed and payment of all fines, costs, and
restitution imposed; or
(B) the person was placed on deferred
adjudication community supervision for the offense described by
Subdivision (1) and received a dismissal and discharge under
Article 42A.111, Code of Criminal Procedure, for the offense;
(3) the person satisfies the requirements of Section
411.074;
(4) the person has never been previously convicted of
or placed on deferred adjudication community supervision for
another offense other than a traffic offense that is punishable by
fine only; and
(5) the person has not previously received an order of
nondisclosure of criminal history record information under this
subchapter or other law for the offense described by Subdivision
(1).
(b) A person described by Subsection (a) becomes entitled to
an automatic order of nondisclosure of criminal history record
information under this section as follows:
(1) if the offense described by Subsection (a)(1) is a
misdemeanor or a felony, other than a felony described by
Subdivision (2), the 10th anniversary of, as applicable:
(A) the date of completion of the person's
sentence; or
(B) the date of the dismissal and discharge; or
(2) if the offense described by Subsection (a)(1) is a
felony of the second degree, the 15th anniversary of, as
applicable:
(A) the date of completion of the person's
sentence; or
(B) the date of the dismissal and discharge.
(c) Not later than the 15th day of each month, the
department shall:
(1) review the records in the department's
computerized criminal history system and, based on the relevant
information present in the system, identify and compile a list of
each person described by Subsection (a); and
(2) for each person identified on the list described
by Subdivision (1), provide to the applicable court that convicted
the person or placed the person on deferred adjudication community
supervision:
(A) notice of the person's entitlement to an
order of nondisclosure of criminal history record information under
this section; and
(B) a copy of the list described by Subdivision
(1).
(d) In identifying persons under Subsection (c)(1), the
department shall conduct a national criminal history background
check, which must include a search of criminal history record
information maintained or indexed by the Federal Bureau of
Investigation, for the purpose of identifying any criminal history
record information not in the department's computerized criminal
history system that would make a person ineligible to receive an
automatic order of nondisclosure of criminal history record
information under this section.
(e) Notwithstanding any other provision of this subchapter
or Subchapter F and except as provided by Subsection (f), if a court
that convicted a person or placed a person on deferred adjudication
community supervision receives notice from the department under
Subsection (c) that the person is entitled to an order of
nondisclosure of criminal history record information under this
section, the court shall, as soon as practicable after the receipt
of the notice, issue an order of nondisclosure of criminal history
record information under this subchapter prohibiting criminal
justice agencies from disclosing to the public criminal history
record information related to the offense for which the person was
convicted or giving rise to the deferred adjudication community
supervision.
(f) A court may not issue an order of nondisclosure of
criminal history record information under this section if the court
determines that the offense for which the order is sought, other
than an offense under Section 22.01, Penal Code, was violent or
sexual in nature.
(g) A person who is entitled to an order of nondisclosure of
criminal history record information under this section but who is
not identified by the department under Subsection (c) may present
to the court that convicted the person or placed the person on
deferred adjudication community supervision, as applicable, any
evidence necessary to establish that the person is entitled to
receive an order of nondisclosure of criminal history record
information under this section. The court shall prescribe the
manner in which the person may present the evidence to the court
under this subsection. The court shall determine whether the
person satisfies the requirements of this section, and if the court
makes a finding that the requirements of this section are
satisfied, the court shall issue an order of nondisclosure of
criminal history record information under Subsection (e) as soon as
practicable after making the finding.
(h) Notwithstanding any other law, a person who is entitled
to an order of nondisclosure of criminal history record information
under this section may not be required to pay any fee relating to
the issuance of the order.
SECTION 2. This Act takes effect January 1, 2026.