89R547 JRR-D
By: West S.B. No. 219
A BILL TO BE ENTITLED
AN ACT
relating to 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. Article 42A.105(f), Code of Criminal Procedure,
is amended to read as follows:
(f) If a judge places on deferred adjudication community
supervision a defendant charged with a misdemeanor under Section
49.04 or 49.06 [other than a misdemeanor under Chapter 20, 21, 22,
25, 42, 43, 46, or 71], Penal Code, the judge shall make an
affirmative finding of fact and file a statement of that
affirmative finding with the papers in the case if the judge
determines that it is not in the best interest of justice that the
defendant receive an automatic order of nondisclosure under Section
411.0726 [411.072], Government Code.
SECTION 2. Section 411.0716, Government Code, is amended to
read as follows:
Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. This [(a)
Except as provided by Subsection (b), this] subchapter applies to
the issuance of an order of nondisclosure of criminal history
record information for an offense committed before, on, or after
January [September] 1, 2026 [2017].
[(b) Section 411.072 applies only to a person described by
Subsection (a) of that section who receives a discharge and
dismissal under Article 42A.111, Code of Criminal Procedure, on or
after September 1, 2017.]
SECTION 3. 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. (a) This section applies only to a person entitled
under Section 411.0719, 411.0721, or 411.0723 to receive an
automatic order of nondisclosure of criminal history record
information under this section.
(b) 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).
(c) In identifying persons under Subsection (b)(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.
(d) Notwithstanding any other provision of this subchapter
or Subchapter F and except as provided by Subsection (e), if a court
that convicted a person or placed a person on deferred adjudication
community supervision receives notice from the department under
Subsection (b) 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.
(e) A court may not issue an order of nondisclosure of
criminal history record information under this section for a person
who would otherwise be entitled to the order under Section 411.0723
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.
(f) 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 (b) 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 (d) as soon as
practicable after making the finding.
(g) 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 4. Sections 411.0725, 411.073, and 411.0735,
Government Code, are redesignated as Sections 411.0719, 411.0721,
and 411.0723, Government Code, and amended to read as follows:
Sec. 411.0719 [411.0725]. [PROCEDURE FOR] DEFERRED
ADJUDICATION COMMUNITY SUPERVISION; FELONIES AND CERTAIN
MISDEMEANORS ENTITLED TO AUTOMATIC ORDER OF NONDISCLOSURE. (a)
Subject to Subsection (b), a person is entitled to an automatic
order of nondisclosure of criminal history record information under
Section 411.0718 if the person:
(1) was [This section applies only to a person] placed
on deferred adjudication community supervision under Subchapter C,
Chapter 42A, Code of Criminal Procedure, [who:
[(1) is not eligible to receive an order of
nondisclosure of criminal history record information under Section
411.072; and
[(2) was placed on deferred adjudication community
supervision] for an offense other than an offense under Section
49.04 or 49.06, Penal Code;
(2) received [.
[(b) Notwithstanding any other provision of this subchapter
or Subchapter F, if a person described by Subsection (a) receives] a
dismissal and discharge [and dismissal] under Article 42A.111, Code
of Criminal Procedure, for the offense described by Subdivision
(1);
(3) [and] satisfies the requirements of Section
411.074; and
(4) 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)[, the 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.
[(c) Except as provided by Section 411.074, a person may
petition the court for an order of nondisclosure under this section
regardless of whether the person has been previously convicted of
or placed on deferred adjudication community supervision for
another offense.
[(d) 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
record information related to the offense giving rise to the
deferred adjudication community supervision.
[(e)] A person described by Subsection (a) becomes entitled
to an automatic [may petition the court that placed the person on
deferred adjudication community supervision for an] order of
nondisclosure of criminal history record information under Section
411.0718 [this section only] on [or after]:
(1) the later of the following [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):
(A) the date of the dismissal and discharge; or
(B) the 180th day after the date the person was
placed on deferred adjudication community supervision;
(2) the second anniversary of the dismissal and
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; or
(3) the fifth anniversary of the dismissal and
discharge [and dismissal], if the offense for which the person was
placed on deferred adjudication was a felony.
(c) A person described by Subsection (a), following the
period described by Subsection (b), is entitled under this section
to receive an order of nondisclosure of criminal history record
information regardless of whether the person has been previously
convicted of or placed on deferred adjudication community
supervision for another offense.
Sec. 411.0721 [411.073]. [PROCEDURE FOR] COMMUNITY
SUPERVISION FOLLOWING CONVICTION; CERTAIN NONVIOLENT MISDEMEANORS
AND FELONIES ENTITLED TO AUTOMATIC ORDER OF NONDISCLOSURE. (a)
Subject to Subsection (b), a person is entitled to an automatic
order of nondisclosure of criminal history record information under
Section 411.0718 if:
(1) the [This section applies only to a] person is
placed on community supervision under Chapter 42A, Code of Criminal
Procedure:
(A) [(1)] following a conviction of an offense [a
misdemeanor] other than:
(i) an offense [a misdemeanor] under:
(a) Section 106.041, Alcoholic
Beverage Code;
(b) [,] Section 28.02, 33.021, 33.05,
37.03, 42.072, 49.04, 49.045, 49.05, 49.06, [or] 49.065, 49.07, or
49.08, Penal Code;
(c) [, or] Chapter 29, 71, or 76,
Penal Code; or
(d) Section 30.02, Penal Code, that is
punishable under Subsection (d) of that section;
(ii) a felony under:
(a) Title 5, Penal Code;
(b) Chapter 25, 36, or 39, Penal Code;
(c) Section 42.08, 42.09, 42.091,
42.092, 42.10, or 42.105, Penal Code; or
(d) Subchapter B, Chapter 43, Penal
Code; or
(iii) a traffic offense that is punishable
by fine only; and
(B) [(2)] under a provision of Chapter 42A, Code
of Criminal Procedure, other than Subchapter C, including:
(i) [(A)] a provision that requires the
person to serve a term of confinement as a condition of community
supervision; or
(ii) [(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;
(2) the person's [.
[(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) whose]
community supervision was [is] not revoked and the person completed
[who completes] the period of community supervision, including any
term of confinement imposed and payment of all fines, costs, and
restitution imposed, for the offense described by Subdivision
(1)(A); [may petition the court that placed the person on community
supervision for an order of nondisclosure of criminal history
record information under this section if the person:]
(3) the person [(1)] satisfies the requirements of
[this section and] Section 411.074; [and]
(4) the person [(2)] 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)(A).
(b) [(c) 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
record information related to the offense giving rise to the
community supervision.
[(d)] A person described by Subsection (a) becomes entitled
to an automatic [may petition the court that placed the person on
community supervision for an] order of nondisclosure of criminal
history record information under Section 411.0718 [this section
only] on [or after]:
(1) the date of 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; or
(3) 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 felony.
Sec. 411.0723 [411.0735]. [PROCEDURE FOR CONVICTION;]
CERTAIN NONVIOLENT MISDEMEANOR AND FELONY CONVICTIONS ENTITLED TO
AUTOMATIC ORDER OF NONDISCLOSURE [MISDEMEANORS]. (a) Subject to
Subsection (b), [This section applies only to] a person is entitled
to an automatic order of nondisclosure of criminal history record
information under Section 411.0718 if the person [who]:
(1) is convicted of an offense [a misdemeanor] other
than:
(A) an offense [a misdemeanor] under:
(i) Section 106.041, Alcoholic Beverage
Code;
(ii) [,] Section 28.02, 33.021, 33.05,
37.03, 42.072, 49.04, 49.045, 49.05, 49.06, [or] 49.065, 49.07, or
49.08, Penal Code;
(iii) [, or] Chapter 29, 71, or 76, Penal
Code; or
(iv) Section 30.02, Penal Code, that is
punishable under Subsection (d) of that section;
(B) a felony under:
(i) Title 5, Penal Code;
(ii) Chapter 25, 36, or 39, Penal Code;
(iii) Section 42.08, 42.09, 42.091, 42.092,
42.10, or 42.105, Penal Code; or
(iv) Subchapter B, Chapter 43, Penal Code;
or
(C) a traffic offense that is punishable by fine
only; [and]
(2) is not entitled under Section 411.0721 to receive
[eligible for] an order of nondisclosure of criminal history record
information;
(3) completed [under Section 411.073.
[(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who
completes] the person's sentence, including any term of confinement
imposed and payment of all fines, costs, and restitution imposed,
for the offense described by Subdivision (1);
(4) [may petition the court that imposed the sentence
for an order of nondisclosure of criminal history record
information under this section if the person:
[(1)] satisfies the requirements of [this section and]
Section 411.074; [and]
(5) [(2)] 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
(6) 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) [(c) Except as provided by Subsection (c-1), 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 record information
related to the offense for which the person was convicted.
[(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 described by Subsection (a) becomes entitled
to an automatic [may petition the court that imposed the sentence
for an] order of nondisclosure of criminal history record
information under Section 411.0718 [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 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) the seventh anniversary of the date of completion
of the person's sentence, if the offense of which the person was
convicted was a felony.
SECTION 5. Section 411.0745(b), Government Code, is amended
to read as follows:
(b) Notwithstanding any other law, a person who petitions
the court for an order of nondisclosure of criminal history record
information under this subchapter may not be required to pay any
[The petition must be accompanied by payment of a] fee relating to:
(1) [that generally applies to] the filing of the
petition; or
(2) the issuance of the order of nondisclosure [a
civil case].
SECTION 6. Section 411.072, Government Code, is repealed.
SECTION 7. This Act takes effect January 1, 2026.