Texas 2025 - 89th Regular

Texas Senate Bill SB219 Compare Versions

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

Old	New	Differences
1	1	89R547 JRR-D
2	2	By: West S.B. No. 219
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to orders of nondisclosure of criminal history record
10	10	information for certain criminal defendants.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42A.105(f), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(f) If a judge places on deferred adjudication community
15	15	supervision a defendant charged with a misdemeanor under Section
16	16	49.04 or 49.06 [other than a misdemeanor under Chapter 20, 21, 22,
17	17	25, 42, 43, 46, or 71], Penal Code, the judge shall make an
18	18	affirmative finding of fact and file a statement of that
19	19	affirmative finding with the papers in the case if the judge
20	20	determines that it is not in the best interest of justice that the
21	21	defendant receive an automatic order of nondisclosure under Section
22	22	411.0726 [411.072], Government Code.
23	23	SECTION 2. Section 411.0716, Government Code, is amended to
24	24	read as follows:
25	25	Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. This [(a)
26	26	Except as provided by Subsection (b), this] subchapter applies to
27	27	the issuance of an order of nondisclosure of criminal history
28	28	record information for an offense committed before, on, or after
29	29	January [September] 1, 2026 [2017].
30	30	[(b) Section 411.072 applies only to a person described by
31	31	Subsection (a) of that section who receives a discharge and
32	32	dismissal under Article 42A.111, Code of Criminal Procedure, on or
33	33	after September 1, 2017.]
34	34	SECTION 3. Subchapter E-1, Chapter 411, Government Code, is
35	35	amended by adding Section 411.0718 to read as follows:
36	36	Sec. 411.0718. PROCEDURE FOR AUTOMATIC ORDER OF
37	37	NONDISCLOSURE. (a) This section applies only to a person entitled
38	38	under Section 411.0719, 411.0721, or 411.0723 to receive an
39	39	automatic order of nondisclosure of criminal history record
40	40	information under this section.
41	41	(b) Not later than the 15th day of each month, the
42	42	department shall:
43	43	(1) review the records in the department's
44	44	computerized criminal history system and, based on the relevant
45	45	information present in the system, identify and compile a list of
46	46	each person described by Subsection (a); and
47	47	(2) for each person identified on the list described
48	48	by Subdivision (1), provide to the applicable court that convicted
49	49	the person or placed the person on deferred adjudication community
50	50	supervision:
51	51	(A) notice of the person's entitlement to an
52	52	order of nondisclosure of criminal history record information under
53	53	this section; and
54	54	(B) a copy of the list described by Subdivision
55	55	(1).
56	56	(c) In identifying persons under Subsection (b)(1), the
57	57	department shall conduct a national criminal history background
58	58	check, which must include a search of criminal history record
59	59	information maintained or indexed by the Federal Bureau of
60	60	Investigation, for the purpose of identifying any criminal history
61	61	record information not in the department's computerized criminal
62	62	history system that would make a person ineligible to receive an
63	63	automatic order of nondisclosure of criminal history record
64	64	information under this section.
65	65	(d) Notwithstanding any other provision of this subchapter
66	66	or Subchapter F and except as provided by Subsection (e), if a court
67	67	that convicted a person or placed a person on deferred adjudication
68	68	community supervision receives notice from the department under
69	69	Subsection (b) that the person is entitled to an order of
70	70	nondisclosure of criminal history record information under this
71	71	section, the court shall, as soon as practicable after the receipt
72	72	of the notice, issue an order of nondisclosure of criminal history
73	73	record information under this subchapter prohibiting criminal
74	74	justice agencies from disclosing to the public criminal history
75	75	record information related to the offense for which the person was
76	76	convicted or giving rise to the deferred adjudication community
77	77	supervision.
78	78	(e) A court may not issue an order of nondisclosure of
79	79	criminal history record information under this section for a person
80	80	who would otherwise be entitled to the order under Section 411.0723
81	81	if the court determines that the offense for which the order is
82	82	sought, other than an offense under Section 22.01, Penal Code, was
83	83	violent or sexual in nature.
84	84	(f) A person who is entitled to an order of nondisclosure of
85	85	criminal history record information under this section but who is
86	86	not identified by the department under Subsection (b) may present
87	87	to the court that convicted the person or placed the person on
88	88	deferred adjudication community supervision, as applicable, any
89	89	evidence necessary to establish that the person is entitled to
90	90	receive an order of nondisclosure of criminal history record
91	91	information under this section. The court shall prescribe the
92	92	manner in which the person may present the evidence to the court
93	93	under this subsection. The court shall determine whether the
94	94	person satisfies the requirements of this section, and if the court
95	95	makes a finding that the requirements of this section are
96	96	satisfied, the court shall issue an order of nondisclosure of
97	97	criminal history record information under Subsection (d) as soon as
98	98	practicable after making the finding.
99	99	(g) Notwithstanding any other law, a person who is entitled
100	100	to an order of nondisclosure of criminal history record information
101	101	under this section may not be required to pay any fee relating to
102	102	the issuance of the order.
103	103	SECTION 4. Sections 411.0725, 411.073, and 411.0735,
104	104	Government Code, are redesignated as Sections 411.0719, 411.0721,
105	105	and 411.0723, Government Code, and amended to read as follows:
106	106	Sec. 411.0719 [411.0725]. [PROCEDURE FOR] DEFERRED
107	107	ADJUDICATION COMMUNITY SUPERVISION; FELONIES AND CERTAIN
108	108	MISDEMEANORS ENTITLED TO AUTOMATIC ORDER OF NONDISCLOSURE. (a)
109	109	Subject to Subsection (b), a person is entitled to an automatic
110	110	order of nondisclosure of criminal history record information under
111	111	Section 411.0718 if the person:
112	112	(1) was [This section applies only to a person] placed
113	113	on deferred adjudication community supervision under Subchapter C,
114	114	Chapter 42A, Code of Criminal Procedure, [who:
115	115	[(1) is not eligible to receive an order of
116	116	nondisclosure of criminal history record information under Section
117	117	411.072; and
118	118	[(2) was placed on deferred adjudication community
119	119	supervision] for an offense other than an offense under Section
120	120	49.04 or 49.06, Penal Code;
121	121	(2) received [.
122	122	[(b) Notwithstanding any other provision of this subchapter
123	123	or Subchapter F, if a person described by Subsection (a) receives] a
124	124	dismissal and discharge [and dismissal] under Article 42A.111, Code
125	125	of Criminal Procedure, for the offense described by Subdivision
126	126	(1);
127	127	(3) [and] satisfies the requirements of Section
128	128	411.074; and
129	129	(4) has not previously received an order of
130	130	nondisclosure of criminal history record information under this
131	131	subchapter or other law for the offense described by Subdivision
132	132	(1).
133	133	(b)[, the person may petition the court that placed the
134	134	person on deferred adjudication community supervision for an order
135	135	of nondisclosure of criminal history record information under this
136	136	section.
137	137	[(c) Except as provided by Section 411.074, a person may
138	138	petition the court for an order of nondisclosure under this section
139	139	regardless of whether the person has been previously convicted of
140	140	or placed on deferred adjudication community supervision for
141	141	another offense.
142	142	[(d) After notice to the state, an opportunity for a
143	143	hearing, and a determination that the person is entitled to file the
144	144	petition and issuance of the order is in the best interest of
145	145	justice, the court shall issue an order prohibiting criminal
146	146	justice agencies from disclosing to the public criminal history
147	147	record information related to the offense giving rise to the
148	148	deferred adjudication community supervision.
149	149	[(e)] A person described by Subsection (a) becomes entitled
150	150	to an automatic [may petition the court that placed the person on
151	151	deferred adjudication community supervision for an] order of
152	152	nondisclosure of criminal history record information under Section
153	153	411.0718 [this section only] on [or after]:
154	154	(1) the later of the following [discharge and
155	155	dismissal], if the offense for which the person was placed on
156	156	deferred adjudication was a misdemeanor other than a misdemeanor
157	157	described by Subdivision (2):
158	158	(A) the date of the dismissal and discharge; or
159	159	(B) the 180th day after the date the person was
160	160	placed on deferred adjudication community supervision;
161	161	(2) the second anniversary of the dismissal and
162	162	discharge [and dismissal], if the offense for which the person was
163	163	placed on deferred adjudication was a misdemeanor under Chapter 20,
164	164	21, 22, 25, 42, 43, or 46, Penal Code; or
165	165	(3) the fifth anniversary of the dismissal and
166	166	discharge [and dismissal], if the offense for which the person was
167	167	placed on deferred adjudication was a felony.
168	168	(c) A person described by Subsection (a), following the
169	169	period described by Subsection (b), is entitled under this section
170	170	to receive an order of nondisclosure of criminal history record
171	171	information regardless of whether the person has been previously
172	172	convicted of or placed on deferred adjudication community
173	173	supervision for another offense.
174	174	Sec. 411.0721 [411.073]. [PROCEDURE FOR] COMMUNITY
175	175	SUPERVISION FOLLOWING CONVICTION; CERTAIN NONVIOLENT MISDEMEANORS
176	176	AND FELONIES ENTITLED TO AUTOMATIC ORDER OF NONDISCLOSURE. (a)
177	177	Subject to Subsection (b), a person is entitled to an automatic
178	178	order of nondisclosure of criminal history record information under
179	179	Section 411.0718 if:
180	180	(1) the [This section applies only to a] person is
181	181	placed on community supervision under Chapter 42A, Code of Criminal
182	182	Procedure:
183	183	(A) [(1)] following a conviction of an offense [a
184	184	misdemeanor] other than:
185	185	(i) an offense [a misdemeanor] under:
186	186	(a) Section 106.041, Alcoholic
187	187	Beverage Code;
188	188	(b) [,] Section 28.02, 33.021, 33.05,
189	189	37.03, 42.072, 49.04, 49.045, 49.05, 49.06, [or] 49.065, 49.07, or
190	190	49.08, Penal Code;
191	191	(c) [, or] Chapter 29, 71, or 76,
192	192	Penal Code; or
193	193	(d) Section 30.02, Penal Code, that is
194	194	punishable under Subsection (d) of that section;
195	195	(ii) a felony under:
196	196	(a) Title 5, Penal Code;
197	197	(b) Chapter 25, 36, or 39, Penal Code;
198	198	(c) Section 42.08, 42.09, 42.091,
199	199	42.092, 42.10, or 42.105, Penal Code; or
200	200	(d) Subchapter B, Chapter 43, Penal
201	201	Code; or
202	202	(iii) a traffic offense that is punishable
203	203	by fine only; and
204	204	(B) [(2)] under a provision of Chapter 42A, Code
205	205	of Criminal Procedure, other than Subchapter C, including:
206	206	(i) [(A)] a provision that requires the
207	207	person to serve a term of confinement as a condition of community
208	208	supervision; or
209	209	(ii) [(B)] another provision that
210	210	authorizes placing a person on community supervision after the
211	211	person has served part of a term of confinement imposed for the
212	212	offense;
213	213	(2) the person's [.
214	214	[(b) Notwithstanding any other provision of this subchapter
215	215	or Subchapter F, a person described by Subsection (a) whose]
216	216	community supervision was [is] not revoked and the person completed
217	217	[who completes] the period of community supervision, including any
218	218	term of confinement imposed and payment of all fines, costs, and
219	219	restitution imposed, for the offense described by Subdivision
220	220	(1)(A); [may petition the court that placed the person on community
221	221	supervision for an order of nondisclosure of criminal history
222	222	record information under this section if the person:]
223	223	(3) the person [(1)] satisfies the requirements of
224	224	[this section and] Section 411.074; [and]
225	225	(4) the person [(2)] has never been previously
226	226	convicted of or placed on deferred adjudication community
227	227	supervision for another offense other than a traffic offense that
228	228	is punishable by fine only; and
229	229	(5) the person has not previously received an order of
230	230	nondisclosure of criminal history record information under this
231	231	subchapter or other law for the offense described by Subdivision
232	232	(1)(A).
233	233	(b) [(c) After notice to the state, an opportunity for a
234	234	hearing, and a determination that the person is entitled to file the
235	235	petition and issuance of the order is in the best interest of
236	236	justice, the court shall issue an order prohibiting criminal
237	237	justice agencies from disclosing to the public criminal history
238	238	record information related to the offense giving rise to the
239	239	community supervision.
240	240	[(d)] A person described by Subsection (a) becomes entitled
241	241	to an automatic [may petition the court that placed the person on
242	242	community supervision for an] order of nondisclosure of criminal
243	243	history record information under Section 411.0718 [this section
244	244	only] on [or after]:
245	245	(1) the date of completion of the community
246	246	supervision, if the offense for which the person was placed on
247	247	community supervision was a misdemeanor other than a misdemeanor
248	248	described by Subdivision (2); [or]
249	249	(2) the second anniversary of the date of completion
250	250	of the community supervision, if the offense for which the person
251	251	was placed on community supervision was a misdemeanor under Chapter
252	252	20, 21, 22, 25, 42, 43, or 46, Penal Code; or
253	253	(3) the fifth anniversary of the date of completion of
254	254	the community supervision, if the offense for which the person was
255	255	placed on community supervision was a felony.
256	256	Sec. 411.0723 [411.0735]. [PROCEDURE FOR CONVICTION;]
257	257	CERTAIN NONVIOLENT MISDEMEANOR AND FELONY CONVICTIONS ENTITLED TO
258	258	AUTOMATIC ORDER OF NONDISCLOSURE [MISDEMEANORS]. (a) Subject to
259	259	Subsection (b), [This section applies only to] a person is entitled
260	260	to an automatic order of nondisclosure of criminal history record
261	261	information under Section 411.0718 if the person [who]:
262	262	(1) is convicted of an offense [a misdemeanor] other
263	263	than:
264	264	(A) an offense [a misdemeanor] under:
265	265	(i) Section 106.041, Alcoholic Beverage
266	266	Code;
267	267	(ii) [,] Section 28.02, 33.021, 33.05,
268	268	37.03, 42.072, 49.04, 49.045, 49.05, 49.06, [or] 49.065, 49.07, or
269	269	49.08, Penal Code;
270	270	(iii) [, or] Chapter 29, 71, or 76, Penal
271	271	Code; or
272	272	(iv) Section 30.02, Penal Code, that is
273	273	punishable under Subsection (d) of that section;
274	274	(B) a felony under:
275	275	(i) Title 5, Penal Code;
276	276	(ii) Chapter 25, 36, or 39, Penal Code;
277	277	(iii) Section 42.08, 42.09, 42.091, 42.092,
278	278	42.10, or 42.105, Penal Code; or
279	279	(iv) Subchapter B, Chapter 43, Penal Code;
280	280	or
281	281	(C) a traffic offense that is punishable by fine
282	282	only; [and]
283	283	(2) is not entitled under Section 411.0721 to receive
284	284	[eligible for] an order of nondisclosure of criminal history record
285	285	information;
286	286	(3) completed [under Section 411.073.
287	287	[(b) Notwithstanding any other provision of this subchapter
288	288	or Subchapter F, a person described by Subsection (a) who
289	289	completes] the person's sentence, including any term of confinement
290	290	imposed and payment of all fines, costs, and restitution imposed,
291	291	for the offense described by Subdivision (1);
292	292	(4) [may petition the court that imposed the sentence
293	293	for an order of nondisclosure of criminal history record
294	294	information under this section if the person:
295	295	[(1)] satisfies the requirements of [this section and]
296	296	Section 411.074; [and]
297	297	(5) [(2)] has never been previously convicted of or
298	298	placed on deferred adjudication community supervision for another
299	299	offense other than a traffic offense that is punishable by fine
300	300	only; and
301	301	(6) has not previously received an order of
302	302	nondisclosure of criminal history record information under this
303	303	subchapter or other law for the offense described by Subdivision
304	304	(1).
305	305	(b) [(c) Except as provided by Subsection (c-1), after
306	306	notice to the state, an opportunity for a hearing, and a
307	307	determination that the person is entitled to file the petition and
308	308	issuance of the order is in the best interest of justice, the court
309	309	shall issue an order prohibiting criminal justice agencies from
310	310	disclosing to the public criminal history record information
311	311	related to the offense for which the person was convicted.
312	312	[(c-1) A court may not issue an order of nondisclosure of
313	313	criminal history record information under this section if the court
314	314	determines that the offense for which the order is sought, other
315	315	than an offense under Section 22.01, Penal Code, was violent or
316	316	sexual in nature.
317	317	[(d)] A person described by Subsection (a) becomes entitled
318	318	to an automatic [may petition the court that imposed the sentence
319	319	for an] order of nondisclosure of criminal history record
320	320	information under Section 411.0718 [this section only] on [or
321	321	after]:
322	322	(1) the date of completion of the person's sentence, if
323	323	the offense of which the person was convicted was a misdemeanor
324	324	punishable by fine only; [or]
325	325	(2) the second anniversary of the date of completion
326	326	of the person's sentence, if the offense of which the person was
327	327	convicted was a misdemeanor other than a misdemeanor described by
328	328	Subdivision (1); or
329	329	(3) the seventh anniversary of the date of completion
330	330	of the person's sentence, if the offense of which the person was
331	331	convicted was a felony.
332	332	SECTION 5. Section 411.0745(b), Government Code, is amended
333	333	to read as follows:
334	334	(b) Notwithstanding any other law, a person who petitions
335	335	the court for an order of nondisclosure of criminal history record
336	336	information under this subchapter may not be required to pay any
337	337	[The petition must be accompanied by payment of a] fee relating to:
338	338	(1) [that generally applies to] the filing of the
339	339	petition; or
340	340	(2) the issuance of the order of nondisclosure [a
341	341	civil case].
342	342	SECTION 6. Section 411.072, Government Code, is repealed.
343	343	SECTION 7. This Act takes effect January 1, 2026.