HB2507 - 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.

  89R17506 JRR-D     By: Leach H.B. No. 2507       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)     electronically provide notice in the manner   prescribed by the Office of Court Administration of the Texas   Judicial System to the clerk of the applicable court for each person   identified under Subdivision (1) indicating that the person   satisfies the requirements for 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 expiration date for the period of deferred   adjudication community supervision imposed in the person's case has   passed.           (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.  Not later than September 1, 2027, the Office of   Court Administration of the Texas Judicial System shall confer with   the Department of Public Safety regarding the content of the   electronic notice provided under Section 411.072(b)(2), Government   Code, as amended by this Act.          SECTION 6.  (a) Except as provided by Subsection (b) of this   section, this Act takes eff [Text truncated for display. 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