HB990 - Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

  89R1428 JSC-F     By: Johnson H.B. No. 990       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 (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 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 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 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 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 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.   (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) no [Text truncated for display. 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