Texas 2025 - 89th Regular

Texas House Bill HB990 Compare Versions

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

Old	New	Differences
1	1	89R1428 JSC-F
2	2	By: Johnson H.B. No. 990
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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. Section 411.0725(e), Government Code, is amended
13	13	to read as follows:
14	14	(e) A person may petition the court that placed the person
15	15	on deferred adjudication community supervision for an order of
16	16	nondisclosure of criminal history record information under this
17	17	section only on or after:
18	18	(1) the discharge and dismissal, if the offense for
19	19	which the person was placed on deferred adjudication was a
20	20	misdemeanor other than a misdemeanor described by Subdivision (3)
21	21	[(2)];
22	22	(2) the first anniversary of the discharge and
23	23	dismissal, if the offense for which the person was placed on
24	24	deferred adjudication was a state jail felony other than a state
25	25	jail felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71,
26	26	Penal Code;
27	27	(3) the second anniversary of the discharge and
28	28	dismissal, if the offense for which the person was placed on
29	29	deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
30	30	25, 42, 43, or 46, Penal Code; or
31	31	(4) [(3)] the third [fifth] anniversary of the
32	32	discharge and dismissal, if the offense for which the person was
33	33	placed on deferred adjudication was a felony other than a state jail
34	34	felony described by Subdivision (2).
35	35	SECTION 2. The heading to Section 411.073, Government Code,
36	36	is amended to read as follows:
37	37	Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
38	38	FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL
39	39	FELONIES.
40	40	SECTION 3. Section 411.073, Government Code, is amended by
41	41	amending Subsections (a) and (d) and adding Subsection (e) to read
42	42	as follows:
43	43	(a) This section applies only to a person placed on
44	44	community supervision under Chapter 42A, Code of Criminal
45	45	Procedure:
46	46	(1) following a conviction of:
47	47	(A) a misdemeanor other than a misdemeanor under
48	48	Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
49	49	49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
50	50	(B) a state jail felony other than a state jail
51	51	felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal
52	52	Code; and
53	53	(2) under a provision of Chapter 42A, Code of Criminal
54	54	Procedure, other than Subchapter C, including:
55	55	(A) a provision that requires the person to serve
56	56	a term of confinement as a condition of community supervision; or
57	57	(B) another provision that authorizes placing a
58	58	person on community supervision after the person has served part of
59	59	a term of confinement imposed for the offense.
60	60	(d) A person may petition the court that placed the person
61	61	on community supervision for an order of nondisclosure of criminal
62	62	history record information under this section only on or after:
63	63	(1) the completion of the community supervision, if
64	64	the offense for which the person was placed on community
65	65	supervision was a misdemeanor other than a misdemeanor described by
66	66	Subdivision (3) [(2)]; [or]
67	67	(2) the first anniversary of the date of completion of
68	68	the community supervision, if the offense for which the person was
69	69	placed on community supervision was a state jail felony; or
70	70	(3) the second anniversary of the date of completion
71	71	of the community supervision, if the offense for which the person
72	72	was placed on community supervision was a misdemeanor under Chapter
73	73	20, 21, 22, 25, 42, 43, or 46, Penal Code.
74	74	(e) A court that issues an order of nondisclosure of
75	75	criminal history record information may include in the order any
76	76	offense arising out of the same transaction as the offense for which
77	77	the order is sought if the other offense:
78	78	(1) satisfies the requirements for issuance of an
79	79	order of nondisclosure of criminal history record information under
80	80	this section or another provision of this subchapter; or
81	81	(2) has not resulted in a conviction or a dismissal and
82	82	discharge under Article 42A.111, Code of Criminal Procedure, and is
83	83	no longer pending.
84	84	SECTION 4. The heading to Section 411.0735, Government
85	85	Code, is amended to read as follows:
86	86	Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN
87	87	MISDEMEANORS AND STATE JAIL FELONIES.
88	88	SECTION 5. Section 411.0735, Government Code, is amended by
89	89	amending Subsections (a) and (d) and adding Subsection (e) to read
90	90	as follows:
91	91	(a) This section applies only to a person who:
92	92	(1) is convicted of:
93	93	(A) a misdemeanor other than a misdemeanor under
94	94	Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,
95	95	49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or
96	96	(B) a state jail felony other than a state jail
97	97	felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal
98	98	Code; and
99	99	(2) is not eligible for an order of nondisclosure of
100	100	criminal history record information under Section 411.073.
101	101	(d) A person may petition the court that imposed the
102	102	sentence for an order of nondisclosure of criminal history record
103	103	information under this section only on or after:
104	104	(1) the date of completion of the person's sentence, if
105	105	the offense of which the person was convicted was a misdemeanor
106	106	punishable by fine only; [or]
107	107	(2) the first [second] anniversary of the date of
108	108	completion of the person's sentence, if the offense of which the
109	109	person was convicted was a misdemeanor other than a misdemeanor
110	110	described by Subdivision (1) or (3)(A); or
111	111	(3) the second anniversary of the date of completion
112	112	of the person's sentence, if the offense of which the person was
113	113	convicted was:
114	114	(A) a misdemeanor under Chapter 20, 21, 22, 25,
115	115	42, 43, or 46, Penal Code; or
116	116	(B) a state jail felony.
117	117	(e) A court that issues an order of nondisclosure of
118	118	criminal history record information may include in the order any
119	119	offense arising out of the same transaction as the offense for which
120	120	the order is sought if the other offense:
121	121	(1) satisfies the requirements for issuance of an
122	122	order of nondisclosure of criminal history record information under
123	123	this section or another provision of this subchapter; or
124	124	(2) has not resulted in a conviction or a dismissal and
125	125	discharge under Article 42A.111, Code of Criminal Procedure, and is
126	126	no longer pending.
127	127	SECTION 6. Subchapter E-1, Chapter 411, Government Code, is
128	128	amended by adding Section 411.0738 to read as follows:
129	129	Sec. 411.0738. PROCEDURE FOR MORE THAN ONE CONVICTION.
130	130	(a) This section applies only to a person who:
131	131	(1) has more than one conviction for an offense that is
132	132	a misdemeanor or state jail felony other than:
133	133	(A) a misdemeanor under Section 106.041,
134	134	Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065,
135	135	Penal Code, or Chapter 71, Penal Code; or
136	136	(B) a state jail felony under Chapter 19, 20, 21,
137	137	22, 25, 42, 43, 46, 49, or 71, Penal Code; and
138	138	(2) is not eligible for an order of nondisclosure of
139	139	criminal history record information under Section 411.073 or
140	140	411.0735.
141	141	(b) Notwithstanding any other provision of this subchapter
142	142	or Subchapter F, a person described by Subsection (a) who has
143	143	completed each sentence imposed, including any term of confinement
144	144	or period of community supervision imposed and payment of all
145	145	fines, costs, and restitution imposed, may petition any court that
146	146	imposed at least one of those sentences for an order of
147	147	nondisclosure of criminal history record information under this
148	148	section if the person satisfies the requirements of this section
149	149	and Section 411.074.
150	150	(c) Except as provided by Subsection (d), after notice to
151	151	the state, an opportunity for a hearing, and a determination that
152	152	the person is entitled to file the petition and issuance of the
153	153	order is in the best interest of justice, the court shall issue an
154	154	order prohibiting criminal justice agencies from disclosing to the
155	155	public criminal history record information related to the offenses
156	156	for which the person was convicted.
157	157	(d) A court may issue an order of nondisclosure of criminal
158	158	history record information under this section for a misdemeanor
159	159	under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code, other than a
160	160	misdemeanor under Section 22.01 of that code, only if the person:
161	161	(1) was placed on community supervision for the
162	162	offense; and
163	163	(2) completed the period of community supervision
164	164	imposed for the offense.
165	165	(e) A person may petition a court described by Subsection
166	166	(b) for an order of nondisclosure of criminal history record
167	167	information under this section only on or after:
168	168	(1) the third anniversary of the date of the
169	169	completion of all sentences imposed if the most serious offense for
170	170	which the order is sought is a misdemeanor;
171	171	(2) the fourth anniversary of the date of the
172	172	completion of all sentences imposed if:
173	173	(A) the most serious offense for which the order
174	174	is sought is a state jail felony; and
175	175	(B) the person's last sentence included a period
176	176	of community supervision that the person completed; or
177	177	(3) if neither Subdivision (1) nor (2) applies, the
178	178	fifth anniversary of the date of the completion of all sentences
179	179	imposed.
180	180	SECTION 7. This Act takes effect September 1, 2025.