Texas 2025 - 89th Regular

Texas Senate Bill SB814 Compare Versions

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

Old	New	Differences
1	1	89R6188 JRR-D
2	2	By: Zaffirini S.B. No. 814
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to automatic orders of nondisclosure of criminal history
10	10	record information for certain misdemeanor defendants following
11	11	successful completion of a period of deferred adjudication
12	12	community supervision.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Article 66.102(e), Code of Criminal Procedure,
15	15	is amended to read as follows:
16	16	(e) Information in the computerized criminal history system
17	17	relating to the disposition of a case other than a rejected case
18	18	must include:
19	19	(1) the final pleading to each charged offense and the
20	20	level of the offense;
21	21	(2) a listing of each charged offense disposed of by
22	22	the court and:
23	23	(A) the date of disposition;
24	24	(B) the offense code for the disposed charge and
25	25	incident number; and
26	26	(C) the type of disposition; [and]
27	27	(3) for a case in which the judge placed the defendant
28	28	on deferred adjudication community supervision, whether an
29	29	affirmative finding under Article 42A.105(f) or former Section
30	30	5(k), Article 42.12, was filed in the papers of the case; and
31	31	(4) for a conviction that is appealed, the final court
32	32	decision and the final disposition of the offender's case on
33	33	appeal.
34	34	SECTION 2. Section 411.0716, Government Code, is amended to
35	35	read as follows:
36	36	Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. [(a)] Except
37	37	as provided by Section 411.072 [Subsection (b)], this subchapter
38	38	applies to the issuance of an order of nondisclosure of criminal
39	39	history record information for an offense committed before, on, or
40	40	after September 1, 2017.
41	41	[(b) Section 411.072 applies only to a person described by
42	42	Subsection (a) of that section who receives a discharge and
43	43	dismissal under Article 42A.111, Code of Criminal Procedure, on or
44	44	after September 1, 2017.]
45	45	SECTION 3. Section 411.072, Government Code, is amended to
46	46	read as follows:
47	47	Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
48	48	COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY
49	49	SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) A person is
50	50	entitled to an order of nondisclosure of criminal history record
51	51	information under this [This] section if [applies only to a person
52	52	who]:
53	53	(1) the person was placed on deferred adjudication
54	54	community supervision under Subchapter C, Chapter 42A, Code of
55	55	Criminal Procedure, for a misdemeanor other than a misdemeanor:
56	56	(A) under:
57	57	(i) Section 49.04 or 49.06, Penal Code; or
58	58	(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or
59	59	71, Penal Code; or
60	60	(B) with respect to which an affirmative finding
61	61	under Article 42A.105(f), Code of Criminal Procedure, or former
62	62	Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
63	63	in the papers of the case; [and]
64	64	(2) the person received a dismissal and discharge
65	65	under Article 42A.111, Code of Criminal Procedure, on or after
66	66	January 1, 1993, for the offense described by Subdivision (1);
67	67	(3) at least 180 days have elapsed from the date the
68	68	person was placed on deferred adjudication community supervision
69	69	for the offense described by Subdivision (1);
70	70	(4) the person satisfies the requirements of Section
71	71	411.074;
72	72	(5) the person has never been previously convicted of
73	73	or placed on deferred adjudication community supervision for
74	74	another offense other than a traffic offense that is punishable by
75	75	fine only; and
76	76	(6) the person has not received an order of
77	77	nondisclosure of criminal history record information under this
78	78	section.
79	79	(b) Not later than the 15th day of each month, the
80	80	department shall:
81	81	(1) electronically review the records in the
82	82	department's computerized criminal history system and, based on the
83	83	relevant information present in the system, identify each person
84	84	who satisfies the requirements of Subsection (a) and received the
85	85	dismissal and discharge described by Subsection (a)(2) on or after
86	86	January 1, 2028; and
87	87	(2) provide notice and a list to the clerk of the
88	88	applicable court that placed each person identified under
89	89	Subdivision (1) on deferred adjudication community supervision
90	90	indicating that each person may be entitled to an order of
91	91	nondisclosure of criminal history record information under this
92	92	section.
93	93	(c) For purposes of electronically identifying persons
94	94	under Subsection (b)(1), if the computerized criminal history
95	95	system records do not indicate whether a person received a
96	96	dismissal and discharge, the person is considered to satisfy the
97	97	requirements of Subsection (a)(2) if:
98	98	(1) the applicable records do not contain an order
99	99	revoking the person's deferred adjudication community supervision;
100	100	and
101	101	(2) the date on which the period of deferred
102	102	adjudication community supervision imposed in the person's case
103	103	expires has elapsed.
104	104	(d) Notwithstanding any other provision of this subchapter
105	105	or Subchapter F, if a [person described by Subsection (a) receives a
106	106	discharge and dismissal under Article 42A.111, Code of Criminal
107	107	Procedure, and satisfies the requirements of Section 411.074, the]
108	108	court that placed a [the] person on deferred adjudication community
109	109	supervision receives notice from the department under Subsection
110	110	(b) or (e) applicable to the person, the court shall, not later than
111	111	the 15th business day after the receipt of the notice, issue an
112	112	order of nondisclosure of criminal history record information under
113	113	this subchapter prohibiting criminal justice agencies from
114	114	disclosing to the public criminal history record information
115	115	related to the offense giving rise to the deferred adjudication
116	116	community supervision. [The court shall determine whether the
117	117	person satisfies the requirements of Section 411.074, and if the
118	118	court makes a finding that the requirements of that section are
119	119	satisfied, the court shall issue the order of nondisclosure of
120	120	criminal history record information:
121	121	[(1) at the time the court discharges and dismisses
122	122	the proceedings against the person, if the discharge and dismissal
123	123	occurs on or after the 180th day after the date the court placed the
124	124	person on deferred adjudication community supervision; or
125	125	[(2) as soon as practicable on or after the 180th day
126	126	after the date the court placed the person on deferred adjudication
127	127	community supervision, if the discharge and dismissal occurred
128	128	before that date.]
129	129	(e) A person who received a dismissal and discharge under
130	130	Article 42A.111, Code of Criminal Procedure, on or after January 1,
131	131	1993, may make a request to the department for a determination as to
132	132	whether the person satisfies the requirements of Subsection (a).
133	133	The department shall make a determination requested under this
134	134	subsection based on the relevant information present in the
135	135	computerized criminal history system and notify the person of the
136	136	result of that determination. If the department determines the
137	137	person satisfies the requirements of Subsection (a), the department
138	138	shall electronically notify the clerk of the court that placed the
139	139	person on deferred adjudication community supervision that
140	140	[(c) The person shall present to the court any evidence necessary
141	141	to establish that] the person is entitled to [eligible to receive]
142	142	an order of nondisclosure of criminal history record information
143	143	under this section. The department shall prescribe and make
144	144	publicly available on the department's Internet website the manner
145	145	in which a person may request a determination under this
146	146	subsection.
147	147	(f) In addition to the procedures provided by Subsections
148	148	(b) and (e), a person may present to the court that placed the
149	149	person on deferred adjudication community supervision any evidence
150	150	necessary to establish that the person is entitled to an order of
151	151	nondisclosure of criminal history record information under this
152	152	section. The court shall prescribe the manner in which the person
153	153	may present the evidence to the court under this subsection. The
154	154	court shall determine whether the person satisfies the requirements
155	155	of Subsection (a), and if the court makes a finding that the
156	156	requirements of that subsection are satisfied, the court shall
157	157	issue an order of nondisclosure of criminal history record
158	158	information under this subchapter prohibiting criminal justice
159	159	agencies from disclosing to the public criminal history record
160	160	information related to the offense giving rise to the deferred
161	161	adjudication community supervision.
162	162	(g) Notwithstanding any other law, a [The] person who is
163	163	entitled to an order of nondisclosure of criminal history record
164	164	information under this section may not be required to [must] pay any
165	165	[a $28] fee relating to the issuance of [to the clerk of the court
166	166	before the court issues] the order.
167	167	(h) [(d)] A person who is not entitled [eligible] to receive
168	168	an order of nondisclosure of criminal history record information
169	169	under this section solely because an affirmative finding under
170	170	Article 42A.105(f), Code of Criminal Procedure, or former Section
171	171	5(k), Article 42.12, Code of Criminal Procedure, was filed in the
172	172	papers of the case may file a petition for an order of nondisclosure
173	173	of criminal history record information under Section 411.0725 if
174	174	the person otherwise satisfies the requirements of that section.
175	175	SECTION 4. Section 411.0725(a), Government Code, is amended
176	176	to read as follows:
177	177	(a) This section applies only to a person placed on deferred
178	178	adjudication community supervision under Subchapter C, Chapter
179	179	42A, Code of Criminal Procedure, who:
180	180	(1) is not entitled [eligible] to receive an order of
181	181	nondisclosure of criminal history record information under Section
182	182	411.072; and
183	183	(2) was placed on deferred adjudication community
184	184	supervision for an offense other than an offense under Section
185	185	49.04 or 49.06, Penal Code.
186	186	SECTION 5. This Act takes effect January 1, 2028.