Texas 2025 - 89th Regular

Texas House Bill HB4515 Compare Versions

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Version 2 (New)

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1	1		By: Cook H.B. No. 4515
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the eligibility of certain criminal defendants for an
7	9		order of nondisclosure of criminal history record information.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 411.0725(e), Government Code, is amended
10	12		to read as follows:
11	13		(e) A person may petition the court that placed the person
12	14		on deferred adjudication community supervision for an order of
13	15		nondisclosure of criminal history record information under this
14	16		section only on or after:
15	17		(1) the discharge and dismissal, if the offense for
16	18		which the person was placed on deferred adjudication was a
17	19		misdemeanor other than a misdemeanor described by Subdivision (2);
18	20		(2) the second anniversary of the discharge and
19	21		dismissal, if the offense for which the person was placed on
20	22		deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
21	23		25, 42, 43, or 46, Penal Code;
22	24		(3) the third anniversary of the discharge and
23	25		dismissal, if the offense for which the person was placed on
24	26		deferred adjudication was a state jail felony other than a state
25	27		jail felony under Chapter 19, 20, 21, 22, 25, 42, 43, or 46, Penal
26	28		Code; or
27	29		(4) [(3)] the fifth anniversary of the discharge and
28	30		dismissal, if the offense for which the person was placed on
29	31		deferred adjudication was a felony other than a state jail felony
30	32		described by Subdivision (3).
31	33		SECTION 2. The heading to Section 411.073, Government Code,
32	34		is amended to read as follows:
33	35		Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
34	36		FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL
35	37		FELONIES.
36	38		SECTION 3. Section 411.073, Government Code, is amended by
37	39		amending Subsections (a) and (d) and adding Subsection (e) to read
38	40		as follows:
39	41		(a) This section applies only to a person placed on
40	42		community supervision under Chapter 42A, Code of Criminal
41	43		Procedure:
42	44		(1) following a conviction of:
43	45		(A) a misdemeanor other than a misdemeanor under
44	46		Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
45	47		49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
46	48		(B) a state jail felony:
47	49		(i) under Chapter 481, Health and Safety
48	50		Code, other than a state jail felony involving a controlled
49	51		substance listed in Penalty Group 1-B under Section 481.1022 of
50	52		that code; or
51	53		(ii) under Chapter 482 or 483, Health and
52	54		Safety Code; and
53	55		(2) under a provision of Chapter 42A, Code of Criminal
54	56		Procedure, other than Subchapter C of that chapter, including:
55	57		(A) a provision that requires the person to serve
56	58		a term of confinement as a condition of community supervision; or
57	59		(B) another provision that authorizes placing a
58	60		person on community supervision after the person has served part of
59	61		a term of confinement imposed for the offense.
60	62		(d) A person may petition the court that placed the person
61	63		on community supervision for an order of nondisclosure of criminal
62	64		history record information under this section only on or after:
63	65		(1) the completion of the community supervision, if
64	66		the offense for which the person was placed on community
65	67		supervision was a misdemeanor other than a misdemeanor described by
66	68		Subdivision (2); [or]
67	69		(2) the second anniversary of the date of completion
68	70		of the community supervision, if the offense for which the person
69	71		was placed on community supervision was a misdemeanor under Chapter
70	72		20, 21, 22, 25, 42, 43, or 46, Penal Code.;
71	73		(3) the third anniversary of the date of completion of
72	74		the community supervision, if the offense for which the person was
73	75		placed on community supervision was a state jail felony other than a
74	76		state jail felony described by Subdivision (4); or
75	77		(4) the fifth anniversary of the date of completion of
76	78		the community supervision, if the offense for which the person was
77	79		placed on community supervision was a state jail felony under
78	80		Section 481.112, 481.1121, 481.113, 481.114, 481.124, 481.120,
79	81		481.119, 481.125, 482.002, 483.042, or 483.043, Health and Safety
80	82		Code.
81	83		(e) A court that issues an order of nondisclosure of
82	84		criminal history record information may include in the order any
83	85		offense arising out of the same criminal transaction as the offense
84	86		for which the order is sought if the other offense:
85	87		(1) satisfies the requirements for issuance of an
86	88		order of nondisclosure of criminal history record information under
87	89		this section or another provision of this subchapter; or
88	90		(2) has not resulted in a final conviction and is no
89	91		longer pending.
90	92		SECTION 4. The heading to Section 411.0735, Government
91	93		Code, is amended to read as follows:
92	94		Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN
93	95		MISDEMEANORS AND STATE JAIL FELONIES.
94	96		SECTION 5. Section 411.0735, Government Code, is amended by
95	97		amending subsections (a) and (d) and adding Subsection (e) to read
96	98		as follows:
97	99		(a) This section applies only to a person who:
98	100		(1) is convicted of:
99	101		(A) a misdemeanor other than a misdemeanor under
100	102		Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
101	103		49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
102	104		(B) a state jail felony:
103	105		(i) under Chapter 481, Health and Safety
104	106		Code, other than a state jail felony involving a controlled
105	107		substance listed in Penalty Group 1-B under Section 481.1022 of
106	108		that code; or
107	109		(ii) under Chapter 482 or 483, Health and
108	110		Safety Code; and
109	111		(2) is not eligible for an order of nondisclosure of
110	112		criminal history record information under Section 411.073.
111	113		(c-1) A court may not issue an order of nondisclosure of
112	114		criminal history record information under this section if the court
113	115		determines that the offense for which the order is sought, other
114	116		than an offense under Section 22.01, Penal Code, was violent or
115	117		sexual in nature.
116	118		(d) A person may petition the court that imposed the
117	119		sentence for an order of nondisclosure of criminal history record
118	120		information under this section only on or after:
119	121		(1) the date of completion of the person's sentence, if
120	122		the offense of which the person was convicted was a misdemeanor
121	123		punishable by fine only; [or]
122	124		(2) the first[second] anniversary of the date of
123	125		completion of the person's sentence, if the offense of which the
124	126		person was convicted was a misdemeanor other than a misdemeanor
125	127		described by Subdivision (1) or (3);
126	128		(3) the second anniversary of the date of completion
127	129		of the person's sentence, if the offense of which the person was
128	130		convicted was a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or
129	131		46, Penal Code; or
130	132		(4) the third anniversary of the date of completion of
131	133		the person's sentence, if the offense of which the person was
132	134		convicted was a state jail felony other than a state jail felony
133	135		described by Subdivision (5); or
134	136		(5) the fifth anniversary of the date of completion of
135	137		the community supervision, if the offense for which the person was
136	138		convicted was a state jail felony under Section 481.112, 481.1121,
137	139		481.113, 481.114, 481.124, 481.120, 481.119, 481.125, 482.002,
138	140		483.042, or 483.043, Health and Safety Code.
139	141		(e) A court that issues an order of nondisclosure of
140	142		criminal history record information may include in the order any
141	143		offense arising out of the same transaction as the offense for which
142	144		the order is sought if the other offense:
143	145		(1) satisfies the requirements for issuance of an
144	146		order of nondisclosure of criminal history record information under
145	147		this section or another provision of this subchapter; or
146	148		(2) has not resulted in a final conviction and is no
147	149		longer pending.
148	150		SECTION 6. Subchapter E-1, Chapter 411, Government Code, is
149	151		amended by adding Section 411.0738 to read as follows:
150	152		Sec. 411.0738. PROCEDURE FOR MORE THAN ONE CONVICTION;
151	153		SEPARATE CRIMINAL TRANSACTIONS.
152	154		(a) This section applies only to a person who:
153	155		(1) has more than one conviction for an offense that
154	156		is:
155	157		(A) a misdemeanor other than a misdemeanor under
156	158		Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
157	159		49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
158	160		(B) a state jail felony:
159	161		(i) under Chapter 481, Health and Safety
160	162		Code, other than a state jail felony involving a controlled
161	163		substance listed in Penalty Group 1-B under Section 481.1022 of
162	164		that code; or
163	165		(ii) under Chapter 482 or 483, Health and
164	166		Safety Code;
165	167		(2) is not eligible for an order of nondisclosure of
166	168		criminal history record information under Section 411.073 or
167	169		411.0735 because the applicable convictions arose out of separate
168	170		criminal transactions; and
169	171		(3) has not previously been issued an order of
170	172		nondisclosure of criminal history record information under this
171	173		section, Section 411.073, or Section 411.0735.
172	174		(b) Notwithstanding any other provision of this subchapter
173	175		or Subchapter F, a person described by Subsection (a) who has
174	176		completed each sentence imposed for the applicable convictions,
175	177		including any term of confinement or period of community
176	178		supervision imposed and payment of all fines, costs, and
177	179		restitution imposed, may obtain an order of nondisclosure of
178	180		criminal history record information for each of those convictions,
179	181		if the person:
180	182		(1) petitions each court that imposed a sentence based
181	183		on a conviction for which the order is sought and indicates in the
182	184		petition that an order is being sought with respect to multiple
183	185		convictions;
184	186		(2) petitions a district court in the manner described
185	187		by Subsection (c); and
186	188		(3) satisfies the requirements of this section and the
187	189		required condition specified by Section 411.074(b).
188	190		(c) A person who seeks an order of nondisclosure of criminal
189	191		history record information with respect to multiple convictions as
190	192		permitted by this section must file a petition for that order as
191	193		required by Subsection (b)(2) in a district court in the county
192	194		where the person was most recently convicted of an offense for which
193	195		the person seeks the order of nondisclosure under this section. The
194	196		petition must list each conviction for which the order of
195	197		nondisclosure is sought, identify the court of conviction, and
196	198		request the district court to consolidate each petition filed in a
197	199		court of conviction under Subsection (b)(1). On receipt of a
198	200		request for consolidation, the district court shall consolidate the
199	201		petitions and exercise jurisdiction over the petitions, regardless
200	202		of the county in which the offenses described by Subsection (a)(1)
201	203		occurred. For each offense that is the subject of a consolidated
202	204		petition and that occurred in a county other than the county in
203	205		which the district court consolidating the petitions is located,
204	206		the clerk of the court shall promptly serve a copy of the
205	207		consolidated petition and any supporting document related to the
206	208		applicable offense on the appropriate office of the attorney
207	209		representing the state on behalf of the other county. An attorney
208	210		representing the state who receives a copy of the consolidated
209	211		petition under this subsection may request a hearing in accordance
210	212		with Section 411.0745(e).
211	213		(d) Except as provided by Subsection (e), after notice to
212	214		the state, an opportunity for a hearing, and a determination that
213	215		the person is entitled to file the petition and issuance of the
214	216		order is in the best interest of justice, the court shall issue an
215	217		order prohibiting criminal justice agencies from disclosing to the
216	218		public criminal history information related to the offenses for
217	219		which the person was convicted.
218	220		(e) A district court may issue an order of nondisclosure of
219	221		criminal history record information under this section for a
220	222		misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code,
221	223		other than a misdemeanor under section 22.01 of that code, only if
222	224		the person:
223	225		(1) was placed on community supervision for the
224	226		offense; and
225	227		(2) completed the period of supervision imposed for
226	228		the offense.
227	229		(f) A district court may issue an order of nondisclosure
228	230		under this section for all offenses and convictions arising out of
229	231		not more than three separate criminal transactions if:
230	232		(1) all offenses for which the order of nondisclosure
231	233		is sought were committed within a single five-year period; and
232	234		(2) each offense in those transactions:
233	235		(A) satisfies the requirements for an issuance of
234	236		an order of nondisclosure under this section or another provision
235	237		of this subchapter; or
236	238		(B) has not resulted in a conviction and is no
237	239		longer pending.
238	240		(g) A person may petition the courts as described by
239	241		Subsection (b) for an order of nondisclosure of criminal history
240	242		record information under this section only on or after the seventh
241	243		anniversary of date of completion of all sentences imposed.
242	244		SECTION 7. This Act takes effect September 1, 2025.