By: Cook H.B. No. 4515
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain criminal defendants for an
order of nondisclosure of criminal history record information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.0725(e), Government Code, is amended
to read as follows:
(e) A person may petition the court that placed the person
on deferred adjudication community supervision for an order of
nondisclosure of criminal history record information under this
section only on or after:
(1) the discharge and dismissal, if the offense for
which the person was placed on deferred adjudication was a
misdemeanor other than a misdemeanor described by Subdivision (2);
(2) the second anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
25, 42, 43, or 46, Penal Code;
(3) the third anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a state jail felony other than a state
jail felony under Chapter 19, 20, 21, 22, 25, 42, 43, or 46, Penal
Code; or
(4) [(3)] the fifth anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony other than a state jail felony
described by Subdivision (3).
SECTION 2. The heading to Section 411.073, Government Code,
is amended to read as follows:
Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL
FELONIES.
SECTION 3. Section 411.073, Government Code, is amended by
amending Subsections (a) and (d) and adding Subsection (e) to read
as follows:
(a) This section applies only to a person placed on
community supervision under Chapter 42A, Code of Criminal
Procedure:
(1) following a conviction of:
(A) a misdemeanor other than a misdemeanor under
Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
(B) a state jail felony:
(i) under Chapter 481, Health and Safety
Code, other than a state jail felony involving a controlled
substance listed in Penalty Group 1-B under Section 481.1022 of
that code; or
(ii) under Chapter 482 or 483, Health and
Safety Code; and
(2) under a provision of Chapter 42A, Code of Criminal
Procedure, other than Subchapter C of that chapter, including:
(A) a provision that requires the person to serve
a term of confinement as a condition of community supervision; or
(B) another provision that authorizes placing a
person on community supervision after the person has served part of
a term of confinement imposed for the offense.
(d) A person may petition the court that placed the person
on community supervision for an order of nondisclosure of criminal
history record information under this section only on or after:
(1) the completion of the community supervision, if
the offense for which the person was placed on community
supervision was a misdemeanor other than a misdemeanor described by
Subdivision (2); [or]
(2) the second anniversary of the date of completion
of the community supervision, if the offense for which the person
was placed on community supervision was a misdemeanor under Chapter
20, 21, 22, 25, 42, 43, or 46, Penal Code.;
(3) the third anniversary of the date of completion of
the community supervision, if the offense for which the person was
placed on community supervision was a state jail felony other than a
state jail felony described by Subdivision (4); or
(4) the fifth anniversary of the date of completion of
the community supervision, if the offense for which the person was
placed on community supervision was a state jail felony under
Section 481.112, 481.1121, 481.113, 481.114, 481.124, 481.120,
481.119, 481.125, 482.002, 483.042, or 483.043, Health and Safety
Code.
(e) A court that issues an order of nondisclosure of
criminal history record information may include in the order any
offense arising out of the same criminal transaction as the offense
for which the order is sought if the other offense:
(1) satisfies the requirements for issuance of an
order of nondisclosure of criminal history record information under
this section or another provision of this subchapter; or
(2) has not resulted in a final conviction and is no
longer pending.
SECTION 4. The heading to Section 411.0735, Government
Code, is amended to read as follows:
Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN
MISDEMEANORS AND STATE JAIL FELONIES.
SECTION 5. Section 411.0735, Government Code, is amended by
amending subsections (a) and (d) and adding Subsection (e) to read
as follows:
(a) This section applies only to a person who:
(1) is convicted of:
(A) a misdemeanor other than a misdemeanor under
Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
(B) a state jail felony:
(i) under Chapter 481, Health and Safety
Code, other than a state jail felony involving a controlled
substance listed in Penalty Group 1-B under Section 481.1022 of
that code; or
(ii) under Chapter 482 or 483, Health and
Safety Code; and
(2) is not eligible for an order of nondisclosure of
criminal history record information under Section 411.073.
(c-1) 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.
(d) A person may petition the court that imposed the
sentence for an order of nondisclosure of criminal history record
information under this section only on or after:
(1) the date of completion of the person's sentence, if
the offense of which the person was convicted was a misdemeanor
punishable by fine only; [or]
(2) the first[second] anniversary of the date of
completion of the person's sentence, if the offense of which the
person was convicted was a misdemeanor other than a misdemeanor
described by Subdivision (1) or (3);
(3) the second anniversary of the date of completion
of the person's sentence, if the offense of which the person was
convicted was a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or
46, Penal Code; or
(4) the third anniversary of the date of completion of
the person's sentence, if the offense of which the person was
convicted was a state jail felony other than a state jail felony
described by Subdivision (5); or
(5) the fifth anniversary of the date of completion of
the community supervision, if the offense for which the person was
convicted was a state jail felony under Section 481.112, 481.1121,
481.113, 481.114, 481.124, 481.120, 481.119, 481.125, 482.002,
483.042, or 483.043, Health and Safety Code.
(e) A court that issues an order of nondisclosure of
criminal history record information may include in the order any
offense arising out of the same transaction as the offense for which
the order is sought if the other offense:
(1) satisfies the requirements for issuance of an
order of nondisclosure of criminal history record information under
this section or another provision of this subchapter; or
(2) has not resulted in a final conviction and is no
longer pending.
SECTION 6. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0738 to read as follows:
Sec. 411.0738. PROCEDURE FOR MORE THAN ONE CONVICTION;
SEPARATE CRIMINAL TRANSACTIONS.
(a) This section applies only to a person who:
(1) has more than one conviction for an offense that
is:
(A) a misdemeanor other than a misdemeanor under
Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
(B) a state jail felony:
(i) under Chapter 481, Health and Safety
Code, other than a state jail felony involving a controlled
substance listed in Penalty Group 1-B under Section 481.1022 of
that code; or
(ii) under Chapter 482 or 483, Health and
Safety Code;
(2) is not eligible for an order of nondisclosure of
criminal history record information under Section 411.073 or
411.0735 because the applicable convictions arose out of separate
criminal transactions; and
(3) has not previously been issued an order of
nondisclosure of criminal history record information under this
section, Section 411.073, or Section 411.0735.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who has
completed each sentence imposed for the applicable convictions,
including any term of confinement or period of community
supervision imposed and payment of all fines, costs, and
restitution imposed, may obtain an order of nondisclosure of
criminal history record information for each of those convictions,
if the person:
(1) petitions each court that imposed a sentence based
on a conviction for which the order is sought and indicates in the
petition that an order is being sought with respect to multiple
convictions;
(2) petitions a district court in the manner described
by Subsection (c); and
(3) satisfies the requirements of this section and the
required condition specified by Section 411.074(b).
(c) A person who seeks an order of nondisclosure of criminal
history record information with respect to multiple convictions as
permitted by this section must file a petition for that order as
required by Subsection (b)(2) in a district court in the county
where the person was most recently convicted of an offense for which
the person seeks the order of nondisclosure under this section. The
petition must list each conviction for which the order of
nondisclosure is sought, identify the court of conviction, and
request the district court to consolidate each petition filed in a
court of conviction under Subsection (b)(1). On receipt of a
request for consolidation, the district court shall consolidate the
petitions and exercise jurisdiction over the petitions, regardless
of the county in which the offenses described by Subsection (a)(1)
occurred. For each offense that is the subject of a consolidated
petition and that occurred in a county other than the county in
which the district court consolidating the petitions is located,
the clerk of the court shall promptly serve a copy of the
consolidated petition and any supporting document related to the
applicable offense on the appropriate office of the attorney
representing the state on behalf of the other county. An attorney
representing the state who receives a copy of the consolidated
petition under this subsection may request a hearing in accordance
with Section 411.0745(e).
(d) Except as provided by Subsection (e), after notice to
the state, an opportunity for a hearing, and a determination that
the person is entitled to file the petition and issuance of the
order is in the best interest of justice, the court shall issue an
order prohibiting criminal justice agencies from disclosing to the
public criminal history information related to the offenses for
which the person was convicted.
(e) A district court may issue an order of nondisclosure of
criminal history record information under this section for a
misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code,
other than a misdemeanor under section 22.01 of that code, only if
the person:
(1) was placed on community supervision for the
offense; and
(2) completed the period of supervision imposed for
the offense.
(f) A district court may issue an order of nondisclosure
under this section for all offenses and convictions arising out of
not more than three separate criminal transactions if:
(1) all offenses for which the order of nondisclosure
is sought were committed within a single five-year period; and
(2) each offense in those transactions:
(A) satisfies the requirements for an issuance of
an order of nondisclosure under this section or another provision
of this subchapter; or
(B) has not resulted in a conviction and is no
longer pending.
(g) A person may petition the courts as described by
Subsection (b) for an order of nondisclosure of criminal history
record information under this section only on or after the seventh
anniversary of date of completion of all sentences imposed.
SECTION 7. This Act takes effect September 1, 2025.