Zaffirini Bill Automatically Seals Misdemeanor Records, Starting In 2028

The text as introduced · 1,522 words

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.