Texas 2025 - 89th Regular

Texas Senate Bill SB377 Compare Versions

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

Old	New	Differences
1	1	89R449 JRR-D
2	2	By: Miles S.B. No. 377
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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 (2);
21	21	(2) the 180th day after the date [second anniversary]
22	22	of the discharge and dismissal, if the offense for which the person
23	23	was placed on deferred adjudication was a misdemeanor under Chapter
24	24	20, 21, 22, 25, 42, 43, or 46, Penal Code; or
25	25	(3) the first [fifth] anniversary of the discharge and
26	26	dismissal, if the offense for which the person was placed on
27	27	deferred adjudication was a felony.
28	28	SECTION 2. Subchapter E-1, Chapter 411, Government Code, is
29	29	amended by adding Sections 411.0732 and 411.0737 to read as
30	30	follows:
31	31	Sec. 411.0732. PROCEDURE FOR COMMUNITY SUPERVISION
32	32	FOLLOWING CONVICTION; CERTAIN NONVIOLENT FELONIES. (a) This
33	33	section applies only to a person placed on community supervision
34	34	under Chapter 42A, Code of Criminal Procedure:
35	35	(1) following a conviction of a felony other than a
36	36	felony:
37	37	(A) listed in Article 42A.054(a), Code of
38	38	Criminal Procedure;
39	39	(B) for which the judgment contains an
40	40	affirmative finding under Article 42A.054(c) or (d), Code of
41	41	Criminal Procedure;
42	42	(C) punishable as a felony of the second degree
43	43	or a felony of the first degree under Subchapter D, Chapter 481,
44	44	Health and Safety Code;
45	45	(D) punishable under Section 481.1122, Health
46	46	and Safety Code;
47	47	(E) under Title 5, Penal Code;
48	48	(F) under Chapter 25, 29, 43, 49, or 71, Penal
49	49	Code;
50	50	(G) under Section 28.02, 36.02, 42.072, or 42.08,
51	51	Penal Code;
52	52	(H) punishable as a felony of the second degree
53	53	or a felony of the first degree under Section 28.03, Penal Code;
54	54	(I) punishable as a felony of the first degree
55	55	under Section 30.02, Penal Code;
56	56	(J) under Section 31.03 or 34.02, Penal Code,
57	57	that is punishable as a felony of the third degree or any higher
58	58	category of offense;
59	59	(K) punishable as a felony of the second degree
60	60	or a felony of the first degree under Section 38.06, Penal Code; or
61	61	(L) punishable as a felony of the second degree
62	62	under Section 46.14, Penal Code; and
63	63	(2) under a provision of Chapter 42A, Code of Criminal
64	64	Procedure, other than Subchapter C, including:
65	65	(A) a provision that requires the person to serve
66	66	a term of confinement as a condition of community supervision; or
67	67	(B) another provision that authorizes placing a
68	68	person on community supervision after the person has served part of
69	69	a term of confinement imposed for the offense.
70	70	(b) Notwithstanding any other provision of this subchapter
71	71	or Subchapter F, a person described by Subsection (a) whose
72	72	community supervision is not revoked and who completes the period
73	73	of community supervision, including any term of confinement imposed
74	74	and payment of all fines, costs, and restitution imposed, may
75	75	petition the court that placed the person on community supervision
76	76	for an order of nondisclosure of criminal history record
77	77	information under this section if the person:
78	78	(1) satisfies the requirements of this section and
79	79	Section 411.074;
80	80	(2) has never been previously convicted of or placed
81	81	on deferred adjudication community supervision for another offense
82	82	other than:
83	83	(A) a traffic offense that is punishable by fine
84	84	only; or
85	85	(B) an offense arising out of the criminal
86	86	episode during which the offense that is the subject of the petition
87	87	occurred; and
88	88	(3) has never previously received an order of
89	89	nondisclosure of criminal history record information under this
90	90	subchapter or other law for an offense, other than an offense
91	91	described by Subdivision (2)(A) or (B).
92	92	(c) After notice to the state, an opportunity for a hearing,
93	93	and a determination that the person is entitled to file the petition
94	94	and issuance of the order is in the best interest of justice, the
95	95	court shall issue an order prohibiting criminal justice agencies
96	96	from disclosing to the public criminal history record information
97	97	related to the offense giving rise to the community supervision.
98	98	(d) A person may petition the court that placed the person
99	99	on community supervision for an order of nondisclosure of criminal
100	100	history record information under this section only on or after the
101	101	second anniversary of the date of completion of the community
102	102	supervision.
103	103	Sec. 411.0737. PROCEDURE FOR CONVICTION; CERTAIN
104	104	NONVIOLENT FELONIES. (a) This section applies only to a person
105	105	who:
106	106	(1) is convicted of a felony other than a felony:
107	107	(A) listed in Article 42A.054(a), Code of
108	108	Criminal Procedure;
109	109	(B) for which the judgment contains an
110	110	affirmative finding under Article 42A.054(c) or (d), Code of
111	111	Criminal Procedure;
112	112	(C) punishable as a felony of the second degree
113	113	or a felony of the first degree under Subchapter D, Chapter 481,
114	114	Health and Safety Code;
115	115	(D) punishable under Section 481.1122, Health
116	116	and Safety Code;
117	117	(E) under Title 5, Penal Code;
118	118	(F) under Chapter 25, 29, 43, 49, or 71, Penal
119	119	Code;
120	120	(G) under Section 28.02, 36.02, 42.072, or 42.08,
121	121	Penal Code;
122	122	(H) punishable as a felony of the second degree
123	123	or a felony of the first degree under Section 28.03, Penal Code;
124	124	(I) punishable as a felony of the first degree
125	125	under Section 30.02, Penal Code;
126	126	(J) under Section 31.03 or 34.02, Penal Code,
127	127	that is punishable as a felony of the third degree or any higher
128	128	category of offense;
129	129	(K) punishable as a felony of the second degree
130	130	or a felony of the first degree under Section 38.06, Penal Code; or
131	131	(L) punishable as a felony of the second degree
132	132	under Section 46.14, Penal Code; and
133	133	(2) is not eligible for an order of nondisclosure of
134	134	criminal history record information under Section 411.0732.
135	135	(b) Notwithstanding any other provision of this subchapter
136	136	or Subchapter F, a person described by Subsection (a) who completes
137	137	the person's sentence, including any term of confinement imposed
138	138	and payment of all fines, costs, and restitution imposed, may
139	139	petition the court that imposed the sentence for an order of
140	140	nondisclosure of criminal history record information under this
141	141	section if the person:
142	142	(1) satisfies the requirements of this section and
143	143	Section 411.074;
144	144	(2) has never been previously convicted of or placed
145	145	on deferred adjudication community supervision for another offense
146	146	other than:
147	147	(A) a traffic offense that is punishable by fine
148	148	only; or
149	149	(B) an offense arising out of the criminal
150	150	episode during which the offense that is the subject of the petition
151	151	occurred; and
152	152	(3) has never previously received an order of
153	153	nondisclosure of criminal history record information under this
154	154	subchapter or other law for an offense, other than an offense
155	155	described by Subdivision (2)(A) or (B).
156	156	(c) Except as provided by Subsection (d), after notice to
157	157	the state, an opportunity for a hearing, and a determination that
158	158	the person is entitled to file the petition and issuance of the
159	159	order is in the best interest of justice, the court shall issue an
160	160	order prohibiting criminal justice agencies from disclosing to the
161	161	public criminal history record information related to the offense
162	162	for which the person was convicted.
163	163	(d) A court may not issue an order of nondisclosure of
164	164	criminal history record information under this section if the court
165	165	determines that the offense for which the order is sought was
166	166	violent or sexual in nature.
167	167	(e) A person may petition the court that imposed the
168	168	sentence for an order of nondisclosure of criminal history record
169	169	information under this section only on or after the third
170	170	anniversary of the date of completion of the person's sentence.
171	171	SECTION 3. This Act takes effect September 1, 2025.