89R6188 JRR-D
By: Zaffirini S.B. No. 814
A BILL TO BE ENTITLED
AN ACT
relating to automatic orders of nondisclosure of criminal history
record information for certain misdemeanor defendants following
successful completion of a period of deferred adjudication
community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 66.102(e), Code of Criminal Procedure,
is amended to read as follows:
(e) Information in the computerized criminal history system
relating to the disposition of a case other than a rejected case
must include:
(1) the final pleading to each charged offense and the
level of the offense;
(2) a listing of each charged offense disposed of by
the court and:
(A) the date of disposition;
(B) the offense code for the disposed charge and
incident number; and
(C) the type of disposition; [and]
(3) for a case in which the judge placed the defendant
on deferred adjudication community supervision, whether an
affirmative finding under Article 42A.105(f) or former Section
5(k), Article 42.12, was filed in the papers of the case; and
(4) for a conviction that is appealed, the final court
decision and the final disposition of the offender's case on
appeal.
SECTION 2. Section 411.0716, Government Code, is amended to
read as follows:
Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. [(a)] Except
as provided by Section 411.072 [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 September 1, 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. Section 411.072, Government Code, is amended to
read as follows:
Sec. 411.072. AUTOMATIC ORDER OF NONDISCLOSURE FOLLOWING
COMPLETION OF [PROCEDURE FOR] DEFERRED ADJUDICATION COMMUNITY
SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) A person is
entitled to an order of nondisclosure of criminal history record
information under this [This] section if [applies only to a person
who]:
(1) the person was placed on deferred adjudication
community supervision under Subchapter C, Chapter 42A, Code of
Criminal Procedure, for a misdemeanor other than a misdemeanor:
(A) under:
(i) Section 49.04 or 49.06, Penal Code; or
(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or
71, Penal Code; or
(B) with respect to which an affirmative finding
under Article 42A.105(f), Code of Criminal Procedure, or former
Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
in the papers of the case; [and]
(2) the person received a dismissal and discharge
under Article 42A.111, Code of Criminal Procedure, on or after
January 1, 1993, for the offense described by Subdivision (1);
(3) at least 180 days have elapsed from the date the
person was placed on deferred adjudication community supervision
for the offense described by Subdivision (1);
(4) the person satisfies the requirements of Section
411.074;
(5) the person 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) the person has not received an 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) electronically review the records in the
department's computerized criminal history system and, based on the
relevant information present in the system, identify each person
who satisfies the requirements of Subsection (a) and received the
dismissal and discharge described by Subsection (a)(2) on or after
January 1, 2028; and
(2) provide notice and a list to the clerk of the
applicable court that placed each person identified under
Subdivision (1) on deferred adjudication community supervision
indicating that each person may be entitled to an order of
nondisclosure of criminal history record information under this
section.
(c) For purposes of electronically identifying persons
under Subsection (b)(1), if the computerized criminal history
system records do not indicate whether a person received a
dismissal and discharge, the person is considered to satisfy the
requirements of Subsection (a)(2) if:
(1) the applicable records do not contain an order
revoking the person's deferred adjudication community supervision;
and
(2) the date on which the period of deferred
adjudication community supervision imposed in the person's case
expires has elapsed.
(d) Notwithstanding any other provision of this subchapter
or Subchapter F, if a [person described by Subsection (a) receives a
discharge and dismissal under Article 42A.111, Code of Criminal
Procedure, and satisfies the requirements of Section 411.074, the]
court that placed a [the] person on deferred adjudication community
supervision receives notice from the department under Subsection
(b) or (e) applicable to the person, the court shall, not later than
the 15th business day 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 giving rise to the deferred adjudication
community supervision. [The court shall determine whether the
person satisfies the requirements of Section 411.074, and if the
court makes a finding that the requirements of that section are
satisfied, the court shall issue the order of nondisclosure of
criminal history record information:
[(1) at the time the court discharges and dismisses
the proceedings against the person, if the discharge and dismissal
occurs on or after the 180th day after the date the court placed the
person on deferred adjudication community supervision; or
[(2) as soon as practicable on or after the 180th day
after the date the court placed the person on deferred adjudication
community supervision, if the discharge and dismissal occurred
before that date.]
(e) A person who received a dismissal and discharge under
Article 42A.111, Code of Criminal Procedure, on or after January 1,
1993, may make a request to the department for a determination as to
whether the person satisfies the requirements of Subsection (a).
The department shall make a determination requested under this
subsection based on the relevant information present in the
computerized criminal history system and notify the person of the
result of that determination. If the department determines the
person satisfies the requirements of Subsection (a), the department
shall electronically notify the clerk of the court that placed the
person on deferred adjudication community supervision that
[(c) The person shall present to the court any evidence necessary
to establish that] the person is entitled to [eligible to receive]
an order of nondisclosure of criminal history record information
under this section. The department shall prescribe and make
publicly available on the department's Internet website the manner
in which a person may request a determination under this
subsection.
(f) In addition to the procedures provided by Subsections
(b) and (e), a person may present to the court that placed the
person on deferred adjudication community supervision any evidence
necessary to establish that the person is entitled to 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 Subsection (a), and if the court makes a finding that the
requirements of that subsection are satisfied, the court shall
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 giving rise to the deferred
adjudication community supervision.
(g) Notwithstanding any other law, a [The] person who is
entitled to an order of nondisclosure of criminal history record
information under this section may not be required to [must] pay any
[a $28] fee relating to the issuance of [to the clerk of the court
before the court issues] the order.
(h) [(d)] A person who is not entitled [eligible] to receive
an order of nondisclosure of criminal history record information
under this section solely because an affirmative finding under
Article 42A.105(f), Code of Criminal Procedure, or former Section
5(k), Article 42.12, Code of Criminal Procedure, was filed in the
papers of the case may file a petition for an order of nondisclosure
of criminal history record information under Section 411.0725 if
the person otherwise satisfies the requirements of that section.
SECTION 4. Section 411.0725(a), Government Code, is amended
to read as follows:
(a) 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 entitled [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.
SECTION 5. This Act takes effect January 1, 2028.