automatic nondisclosure orders for people who finished their sentences

The text as introduced · 2,858 words

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.