HB4515 - Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

  89R25442 JSC-F     By: Cook H.B. No. 4515     Substitute the following for H.B. No. 4515:     By:  Harless C.S.H.B. No. 4515       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.  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 2.  Sections 411.073(a) 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 :                       (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 under Section 481.121,   Health and Safety Code;  and                (2)  under a provision of Chapter 42A, Code of Criminal   Procedure, other than Subchapter C of that chapter , 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 (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 misdemeanor under Chapter   20, 21, 22, 25, 42, 43, or 46, Penal Code ; or                 (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 state jail felony .          SECTION 3.  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 4.  Sections 411.0735(a) and (d), Government Code,   are amended 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 under Section 481.121,   Health and Safety 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 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)     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 .          SECTION 5.  This Act takes effect September 1, 2025.