bill widening who can seal records through nondisclosure

The text as introduced · 2,020 words

By: Cook
H.B. No. 4515

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of certain criminal defendants for an

order of nondisclosure of criminal history record information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.0725(e), Government Code, is amended

to read as follows:

(e) A 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 only on or after:

(1) the 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);

(2) the second anniversary of the 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;

(3) the third anniversary of the discharge and

dismissal, if the offense for which the person was placed on

deferred adjudication was a state jail felony other than a state

jail felony under Chapter 19, 20, 21, 22, 25, 42, 43, or 46, Penal

Code; or

(4) [ (3) ] the fifth anniversary of the discharge and

dismissal, if the offense for which the person was placed on

deferred adjudication was a felony other than a state jail felony

described by Subdivision (3) .

SECTION 2. The heading to Section 411.073, Government Code,

is amended to read as follows:

Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION

FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL

FELONIES.

SECTION 3. Section 411.073, Government Code, is amended by

amending Subsections (a) and (d) and adding Subsection (e) to read

as follows:

(a) This section applies only to a person placed on

community supervision under Chapter 42A, Code of Criminal

Procedure:

(1) following a conviction of :

(A) a misdemeanor other than a misdemeanor under

Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,

49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or

(B) a state jail felony:

(i) under Chapter 481, Health and Safety

Code, other than a state jail felony involving a controlled

substance listed in Penalty Group 1-B under Section 481.1022 of

that code; or

(ii) under Chapter 482 or 483, Health and

Safety Code; and

(2) under a provision of Chapter 42A, Code of Criminal

Procedure, other than Subchapter C of that chapter , including:

(A) a provision that requires the person to serve

a term of confinement as a condition of community supervision; or

(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.

(d) A person may petition the court that placed the person

on community supervision for an order of nondisclosure of criminal

history record information under this section only on or after:

(1) the 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. ;

(3) the third anniversary of the date of completion of

the community supervision, if the offense for which the person was

placed on community supervision was a state jail felony other than a

state jail felony described by Subdivision (4); or

(4) 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 state jail felony under

Section 481.112, 481.1121, 481.113, 481.114, 481.124, 481.120,

481.119, 481.125, 482.002, 483.042, or 483.043, Health and Safety

Code.

(e) A court that issues an order of nondisclosure of

criminal history record information may include in the order any

offense arising out of the same criminal transaction as the offense

for which the order is sought if the other offense:

(1) satisfies the requirements for issuance of an

order of nondisclosure of criminal history record information under

this section or another provision of this subchapter; or

(2) has not resulted in a final conviction and is no

longer pending.

SECTION 4. The heading to Section 411.0735, Government

Code, is amended to read as follows:

Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN

MISDEMEANORS AND STATE JAIL FELONIES.

SECTION 5. Section 411.0735, Government Code, is amended by

amending subsections (a) and (d) and adding Subsection (e) to read

as follows:

(a) This section applies only to a person who:

(1) is convicted of :

(A) a misdemeanor other than a misdemeanor under

Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,

49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or

(B) a state jail felony:

(i) under Chapter 481, Health and Safety

Code, other than a state jail felony involving a controlled

substance listed in Penalty Group 1-B under Section 481.1022 of

that code; or

(ii) under Chapter 482 or 483, Health and

Safety Code; and

(2) is not eligible for an order of nondisclosure of

criminal history record information under Section 411.073.

(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 may petition the court that imposed the

sentence for an order of nondisclosure of criminal history record

information under 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 first [ 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);

(3) 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 under Chapter 20, 21, 22, 25, 42, 43, or

46, Penal Code; or

(4) the third anniversary of the date of completion of

the person's sentence, if the offense of which the person was

convicted was a state jail felony other than a state jail felony

described by Subdivision (5); or

(5) the fifth anniversary of the date of completion of

the community supervision, if the offense for which the person was

convicted was a state jail felony under Section 481.112, 481.1121,

481.113, 481.114, 481.124, 481.120, 481.119, 481.125, 482.002,

483.042, or 483.043, Health and Safety Code.

(e) A court that issues an order of nondisclosure of

criminal history record information may include in the order any

offense arising out of the same transaction as the offense for which

the order is sought if the other offense:

(1) satisfies the requirements for issuance of an

order of nondisclosure of criminal history record information under

this section or another provision of this subchapter; or

(2) has not resulted in a final conviction and is no

longer pending.

SECTION 6. Subchapter E-1, Chapter 411, Government Code, is

amended by adding Section 411.0738 to read as follows:

Sec. 411.0738. PROCEDURE FOR MORE THAN ONE CONVICTION;

SEPARATE CRIMINAL TRANSACTIONS.

(a) This section applies only to a person who:

(1) has more than one conviction for an offense that

is:

(A) a misdemeanor other than a misdemeanor under

Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05,

49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or

(B) a state jail felony:

(i) under Chapter 481, Health and Safety

Code, other than a state jail felony involving a controlled

substance listed in Penalty Group 1-B under Section 481.1022 of

that code; or

(ii) under Chapter 482 or 483, Health and

Safety Code;

(2) is not eligible for an order of nondisclosure of

criminal history record information under Section 411.073 or

411.0735 because the applicable convictions arose out of separate

criminal transactions; and

(3) has not previously been issued an order of

nondisclosure of criminal history record information under this

section, Section 411.073, or Section 411.0735.

(b) Notwithstanding any other provision of this subchapter

or Subchapter F, a person described by Subsection (a) who has

completed each sentence imposed for the applicable convictions,

including any term of confinement or period of community

supervision imposed and payment of all fines, costs, and

restitution imposed, may obtain an order of nondisclosure of

criminal history record information for each of those convictions,

if the person:

(1) petitions each court that imposed a sentence based

on a conviction for which the order is sought and indicates in the

petition that an order is being sought with respect to multiple

convictions;

(2) petitions a district court in the manner described

by Subsection (c); and

(3) satisfies the requirements of this section and the

required condition specified by Section 411.074(b).

(c) A person who seeks an order of nondisclosure of criminal

history record information with respect to multiple convictions as

permitted by this section must file a petition for that order as

required by Subsection (b)(2) in a district court in the county

where the person was most recently convicted of an offense for which

the person seeks the order of nondisclosure under this section. The

petition must list each conviction for which the order of

nondisclosure is sought, identify the court of conviction, and

request the district court to consolidate each petition filed in a

court of conviction under Subsection (b)(1). On receipt of a

request for consolidation, the district court shall consolidate the

petitions and exercise jurisdiction over the petitions, regardless

of the county in which the offenses described by Subsection (a)(1)

occurred. For each offense that is the subject of a consolidated

petition and that occurred in a county other than the county in

which the district court consolidating the petitions is located,

the clerk of the court shall promptly serve a copy of the

consolidated petition and any supporting document related to the

applicable offense on the appropriate office of the attorney

representing the state on behalf of the other county. An attorney

representing the state who receives a copy of the consolidated

petition under this subsection may request a hearing in accordance

with Section 411.0745(e).

(d) Except as provided by Subsection (e), 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 information related to the offenses for

which the person was convicted.

(e) A district court may issue an order of nondisclosure of

criminal history record information under this section for a

misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code,

other than a misdemeanor under section 22.01 of that code, only if

the person:

(1) was placed on community supervision for the

offense; and

(2) completed the period of supervision imposed for

the offense.

(f) A district court may issue an order of nondisclosure

under this section for all offenses and convictions arising out of

not more than three separate criminal transactions if:

(1) all offenses for which the order of nondisclosure

is sought were committed within a single five-year period; and

(2) each offense in those transactions:

(A) satisfies the requirements for an issuance of

an order of nondisclosure under this section or another provision

of this subchapter; or

(B) has not resulted in a conviction and is no

longer pending.

(g) A person may petition the courts as described by

Subsection (b) for an order of nondisclosure of criminal history

record information under this section only on or after the seventh

anniversary of date of completion of all sentences imposed.

SECTION 7. This Act takes effect September 1, 2025.