HB2708 - Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

  89R12809 JSC-F     By: Allen H.B. No. 2708       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   (2) ];                (2)  the first [ second ] anniversary of the discharge   and dismissal, if the offense for which the person was placed on   deferred adjudication was a state jail felony [ misdemeanor under   Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code ]; or                (3)  the second [ 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 .          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 FELONIES .          SECTION 3.  Sections 411.073(a), (b), and (d), Government   Code, are amended 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 an offense [ a   misdemeanor ] other than an offense [ a misdemeanor ] under :                       (A)   Section 106.041, Alcoholic Beverage Code ; or                       (B)   [ , ] Section 49.04, 49.045, 49.05, 49.06,   49.061,  [ or ] 49.065, 49.07, or 49.08, Penal Code[ , or Chapter 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.          (b)  Notwithstanding any other provision of this subchapter   or Subchapter F, a person described by Subsection (a) whose   community supervision is not revoked and who completes the period   of community supervision, including any term of confinement imposed   and payment of all fines, costs, and restitution imposed, 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[ :                [ (1) ]  satisfies the requirements of this section and   Section 411.074[ ; and                [ (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 ].          (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 (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 state jail felony;                 (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 of the third degree;                 (4)     the seventh 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 of the second   degree; or                 (5)     the 10th 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 of the first degree   [ misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal   Code ].          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 FELONIES .          SECTION 5.  Sections 411.0735(a), (b), and (d), Government   Code, are amended to read as follows:          (a)  This section applies only to a person who:                (1)  is convicted of an offense [ a misdemeanor ] other   than an offense [ a misdemeanor ] under :                       (A)   Section 106.041, Alcoholic Beverage Code ; or                       (B)   [ , ] Section 49.04, 49.045, 49.05, 49.06,   49.061,  [ or ] 49.065, 49.07, or 49.08, Penal Code[ , or Chapter 71,   Penal Code ]; and                (2)  is not eligible for an order of nondisclosure of   criminal history record information 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, 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                [ (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 ].          (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) ;                 (3)     the fifth anniversary of the date of completion of   the person's sentence, if the offense of which the person was   convicted was a state jail felony;                 (4)     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 of the third degree;                 (5)     the 10th anniversary of the date of completion of   the person's sentence, if the offense of which the person was   convicted was a felony of the second degree; or                 (6)     the 12th anniversary of the date of completion of   the person's sentence, if the offense of which the person was   convicted was a felony of the first degree .          SECTION 6.  This Act takes effect September 1, 2025.