Ann Johnson Bill Widens Record Sealing, Cuts Waits To Three Years

The text as introduced · 2,362 words

90R885 JCG-D

By: Johnson
H.B. No. 279

A BILL TO BE ENTITLED

AN ACT

relating to procedures and eligibility requirements for 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. This Act shall be known as the Crime Reduction

and Economic Growth Act.

SECTION 2. Section 126.004(d), Government Code, is amended

to read as follows:

(d) A program established under this chapter shall provide

each program participant with information related to the right to

petition for an order of nondisclosure of criminal history record

information under Section 411.0727 or 411.0728.

SECTION 3. 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 (3)

[ (2) ];

(2) the first 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 20, 21, 22, 25, 42, 43, 46, 49, or 71,

Penal Code;

(3) 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; or

(4) [ (3) ] the third [ 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 (2) .

SECTION 4. Section 411.0727, Government Code, is amended to

read as follows:

Sec. 411.0727. PROCEDURE FOLLOWING SUCCESSFUL COMPLETION

OF SPECIALTY [ VETERANS TREATMENT ] COURT PROGRAM. (a) This section

applies only to a person who successfully completes a specialty

[ veterans treatment ] court program under Subtitle K, Title 2,

[ Chapter 124 ] or former law.

(b) Notwithstanding any other provision of this subchapter

or Subchapter F, a person described by Subsection (a) is entitled to

file with the court that placed the person in the specialty

[ veterans treatment ] court program a petition 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;

(2) has never been previously convicted of an offense

listed in Article 42A.054(a), Code of Criminal Procedure, or a

sexually violent offense, as defined by Article 62.001, Code of

Criminal Procedure; and

(3) is not convicted of any felony offense between the

date on which the person successfully completed the program and the

second anniversary of that date.

(c) Regardless of whether the person was convicted of or

placed on deferred adjudication community supervision for the

offense for which the person entered the specialty [ veterans

treatment ] court program or whether the case against the person was

dismissed following successful completion of the applicable

specialty court program [ under Section 124.001(b) ], 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 entered the specialty [ veterans treatment ]

court program.

(d) A person may file with the court that placed the person

in the specialty [ veterans treatment ] court program a petition for

an order of nondisclosure of criminal history record information

under this section only on or after the second anniversary of the

date the person successfully completed the program.

(e) A person is not entitled to petition the court for an

order of nondisclosure of criminal history record information under

this section if the person's entry into the specialty [ veterans

treatment ] court program arose as the result of a conviction of an

offense involving the operation of a motor vehicle while

intoxicated.

SECTION 5. 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 6. 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 other than a state jail

felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal

Code; and

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

Procedure, other than Subchapter C, 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 (3) [ (2) ]; [ or ]

(2) the first 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; or

(3) 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.

(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 conviction or a dismissal and

discharge under Article 42A.111, Code of Criminal Procedure, and is

no longer pending.

SECTION 7. 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 8. 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 other than a state jail

felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal

Code; and

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

criminal history record information under Section 411.073.

(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)(A); or

(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) a misdemeanor under Chapter 20, 21, 22, 25,

42, 43, or 46, Penal Code; or

(B) a state jail felony .

(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 conviction or a dismissal and

discharge under Article 42A.111, Code of Criminal Procedure, and is

no longer pending.

SECTION 9. Subchapter E-1, Chapter 411, Government Code, is

amended by adding Sections 411.0738 and 411.0739 to read as

follows:

Sec. 411.0738. PROCEDURE FOR MORE THAN ONE CONVICTION.

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

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

a misdemeanor or state jail felony other than:

(A) 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 under Chapter 19, 20, 21,

22, 25, 42, 43, 46, 49, or 71, Penal Code; and

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

criminal history record information under Section 411.073 or

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, including any term of confinement

or period of community supervision imposed and payment of all

fines, costs, and restitution imposed, may petition any court that

imposed at least one of those sentences for an order of

nondisclosure of criminal history record information under this

section if the person satisfies the requirements of this section

and Section 411.074.

(c) Except as provided by Subsection (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 offenses

for which the person was convicted.

(d) A 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 community supervision

imposed for the offense.

(e) A person may petition a court described by Subsection

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

information under this section only on or after:

(1) the third anniversary of the date of the

completion of all sentences imposed if the most serious offense for

which the order is sought is a misdemeanor;

(2) the fourth anniversary of the date of the

completion of all sentences imposed if:

(A) the most serious offense for which the order

is sought is a state jail felony; and

(B) the person's last sentence included a period

of community supervision that the person completed; or

(3) if neither Subdivision (1) nor (2) applies, the

fifth anniversary of the date of the completion of all sentences

imposed.

Sec. 411.0739. PROCEDURE FOR CONVICTION FOLLOWING

COMPLETION OF SENTENCE; CERTAIN MISDEMEANORS AND FELONIES

COMMITTED WHEN YOUNGER THAN 25 YEARS OF AGE. (a) This section

applies only to a person who:

(1) is convicted of an offense other than an offense:

(A) listed in Article 42A.054(a), Code of

Criminal Procedure; or

(B) for which the judgment contains an

affirmative finding under Article 42A.054(c) or (d), Code of

Criminal Procedure;

(2) was younger than 25 years of age at the time the

offense described by Subdivision (1) was committed; and

(3) 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) 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 or period

of community supervision imposed and payment of all fines, costs,

and restitution imposed, may petition the court that imposed the

sentence for an order of nondisclosure of criminal history record

information under this section if the person satisfies the

requirements of this section and Section 411.074.

(c) Except as provided by Section 411.074, a person may

petition the court for an order of nondisclosure of criminal

history record information 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 for which the person was convicted.

(e) 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 second anniversary of the date of completion

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

convicted was a misdemeanor; or

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

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

convicted was a felony.

SECTION 10. Sections 123.001(b) and (c) and 126.001(b),

Government Code, are repealed.

SECTION 11. This Act takes effect September 1, 2027.