HB3654 - Relating to automatic orders of nondisclosure of criminal history record information for certain criminal defendants.

  89R14384 JRR-D     By: LaHood H.B. No. 3654       A BILL TO BE ENTITLED   AN ACT   relating to automatic 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.  Subchapter E-1, Chapter 411, Government Code, is   amended by adding Section 411.0718 to read as follows:           Sec.   411.0718.     PROCEDURE FOR AUTOMATIC ORDER OF   NONDISCLOSURE OF CERTAIN NONVIOLENT MISDEMEANORS AND FELONIES. (a)   Subject to Subsection (b), a person is entitled to an automatic   order of nondisclosure of criminal history record information under   this section if:                 (1)     the person was convicted of or placed on deferred   adjudication community supervision under Subchapter C, Chapter   42A, Code of Criminal Procedure, for an offense other than:                       (A)     an offense punishable as a felony of the   first degree;                       (B)     an offense listed in Article 42A.054(a), Code   of Criminal Procedure;                       (C)     an offense for which the judgment contains an   affirmative finding under Article 42A.054(c) or (d), Code of   Criminal Procedure;                       (D)  an offense under Section 19.04, Penal Code;                       (E)     an offense under Chapter 21 or 43, Penal   Code;                       (F)     an offense under Chapter 49, Penal Code,   other than Section 49.02 or 49.031 of that code; or                       (G)     a traffic offense that is punishable by fine   only;                 (2)  either:                       (A)     the person was convicted of the offense   described by Subdivision (1) and completed the person's sentence,   including any term of confinement or period of community   supervision imposed and payment of all fines, costs, and   restitution imposed; or                       (B)     the person was placed on deferred   adjudication community supervision for the offense described by   Subdivision (1) and received a dismissal and discharge under   Article 42A.111, Code of Criminal Procedure, for the offense;                 (3)     the person satisfies the requirements of Section   411.074;                   (4)     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                 (5)     the person 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)     A person described by Subsection (a) becomes entitled to   an automatic order of nondisclosure of criminal history record   information under this section as follows:                 (1)     if the offense described by Subsection (a)(1) is a   misdemeanor or a felony, other than a felony described by   Subdivision (2), the 10th anniversary of, as applicable:                       (A)     the date of completion of the person's   sentence; or                       (B)  the date of the dismissal and discharge; or                 (2)     if the offense described by Subsection (a)(1) is a   felony of the second degree, the 15th anniversary of, as   applicable:                       (A)     the date of completion of the person's   sentence; or                       (B)  the date of the dismissal and discharge.           (c)     Not later than the 15th day of each month, the   department shall:                 (1)     review the records in the department's   computerized criminal history system and, based on the relevant   information present in the system, identify and compile a list of   each person described by Subsection (a); and                 (2)     for each person identified on the list described   by Subdivision (1), provide to the applicable court that convicted   the person or placed the person on deferred adjudication community   supervision:                       (A)     notice of the person's entitlement to an   order of nondisclosure of criminal history record information under   this section; and                       (B)     a copy of the list described by Subdivision   (1).           (d)     In identifying persons under Subsection (c)(1), the   department shall conduct a national criminal history background   check, which must include a search of criminal history record   information maintained or indexed by the Federal Bureau of   Investigation, for the purpose of identifying any criminal history   record information not in the department's computerized criminal   history system that would make a person ineligible to receive an   automatic order of nondisclosure of criminal history record   information under this section.           (e)     Notwithstanding any other provision of this subchapter   or Subchapter F and except as provided by Subsection (f), if a court   that convicted a person or placed a person on deferred adjudication   community supervision receives notice from the department under   Subsection (c) that the person is entitled to an order of   nondisclosure of criminal history record information under this   section, the court shall, as soon as practicable 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 for which the person was   convicted or giving rise to the deferred adjudication community   supervision.           (f)     A court may not issue an order of nondisclosure of   criminal history record information under this section if the court   determines that the offense for which the order is sought, other   than an offense under Section 22.01, Penal Code, was violent or   sexual in nature.           (g)     A person who is entitled to an order of nondisclosure of   criminal history record information under this section but who is   not identified by the department under Subsection (c) may present   to the court that convicted the person or placed the person on   deferred adjudication community supervision, as applicable, any   evidence necessary to establish that the person is entitled to   receive 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 this section, and if the court   makes a finding that the requirements of this section are   satisfied, the court shall issue an order of nondisclosure of   criminal history record information under Subsection (e) as soon as   practicable after making the finding.           (h)     Notwithstanding any other law, a person who is entitled   to an order of nondisclosure of criminal history record information   under this section may not be required to pay any fee relating to   the issuance of the order.          SECTION 2.  This Act takes effect January 1, 2026.