SB219 - Relating to orders of nondisclosure of criminal history record information for certain criminal defendants.

  89R547 JRR-D     By: West S.B. No. 219       A BILL TO BE ENTITLED   AN ACT   relating to 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.  Article 42A.105(f), Code of Criminal Procedure,   is amended to read as follows:          (f)  If a judge places on deferred adjudication community   supervision a defendant charged with a misdemeanor under Section   49.04 or 49.06 [ other than a misdemeanor under Chapter 20, 21, 22,   25, 42, 43, 46, or 71 ], Penal Code, the judge shall make an   affirmative finding of fact and file a statement of that   affirmative finding with the papers in the case if the judge   determines that it is not in the best interest of justice that the   defendant receive an automatic order of nondisclosure under Section   411.0726 [ 411.072 ], Government Code.          SECTION 2.  Section 411.0716, Government Code, is amended to   read as follows:          Sec. 411.0716.  APPLICABILITY OF SUBCHAPTER. This [ (a)   Except as provided by 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   January [ September ] 1, 2026 [ 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.  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. (a) This section applies only to a person entitled   under Section 411.0719, 411.0721, or 411.0723 to receive an   automatic 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)     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).           (c)     In identifying persons under Subsection (b)(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.           (d)     Notwithstanding any other provision of this subchapter   or Subchapter F and except as provided by Subsection (e), if a court   that convicted a person or placed a person on deferred adjudication   community supervision receives notice from the department under   Subsection (b) 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.           (e)     A court may not issue an order of nondisclosure of   criminal history record information under this section for a person   who would otherwise be entitled to the order under Section 411.0723   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.           (f)     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 (b) 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 (d) as soon as   practicable after making the finding.           (g)     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 4.  Sections 411.0725, 411.073, and 411.0735,   Government Code, are redesignated as Sections 411.0719, 411.0721,   and 411.0723, Government Code, and amended to read as follows:          Sec.  411.0719  [ 411.0725 ].  [ PROCEDURE FOR ] DEFERRED   ADJUDICATION COMMUNITY SUPERVISION; FELONIES AND CERTAIN   MISDEMEANORS ENTITLED TO AUTOMATIC ORDER OF NONDISCLOSURE . (a)     Subject to Subsection (b), a person is entitled to an automatic   order of nondisclosure of criminal history record information under   Section 411.0718 if the person:                 (1)  was [ 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 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 ;                 (2)  received [ .          [ (b)     Notwithstanding any other provision of this subchapter   or Subchapter F, if a person described by Subsection (a) receives ] a   dismissal and discharge [ and dismissal ] under Article 42A.111, Code   of Criminal Procedure, for the offense described by Subdivision   (1);                 (3)   [ and ] satisfies the requirements of Section   411.074 ; and                 (4)     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) [ , the 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.          [ (c)     Except as provided by Section 411.074, a person may   petition the court for an order of nondisclosure under this section   regardless of whether the person has been previously convicted of   or placed on deferred adjudication community supervision for   another offense.          [ (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 offense giving rise to the   deferred adjudication community supervision.          [ (e) ]  A person described by Subsection (a) becomes entitled   to an automatic [ may petition the court that placed the person on   deferred adjudication community supervision for an ] order of   nondisclosure of criminal history record information under Section   411.0718 [ this section only ] on [ or after ]:                (1)  the later of the following [ 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) :                       (A)  the date of the dismissal and discharge; or                       (B)     the 180th day after the date the person was   placed on deferred adjudication community supervision ;                (2)  the second anniversary of the dismissal and   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                (3)  the fifth anniversary of the dismissal and   discharge [ and dismissal ], if the offense for which the person was   placed on deferred adjudication was a felony.           (c)     A person described by Subsection (a), following the   period described by Subsection (b), is entitled under this section   to receive an order of nondisclosure of criminal history record   information regardless of whether the person has been previously   convicted of or placed on deferred adjudication community   supervision for another offense.          Sec.  411.0721  [ 411.073 ].  [ PROCEDURE FOR ] COMMUNITY   SUPERVISION FOLLOWING CONVICTION; CERTAIN NONVIOLENT MISDEMEANORS   AND FELONIES ENTITLED TO AUTOMATIC ORDER OF NONDISCLOSURE .  (a)     Subject to Subsection (b), a person is entitled to an automatic   order of nondisclosure of criminal history record information under   Section 411.0718 if:                 (1)  the [ This section applies only to a ] person is   placed on community supervision under Chapter 42A, Code of Criminal   Procedure:                       (A)  [ (1) ]  following a conviction of an offense [ a   misdemeanor ] other than :                             (i)  an offense [ a misdemeanor ] under :                                   (a)   Section 106.041, Alcoholic   Beverage Code ;                                   (b)   [ , ] Section 28.02, 33.021, 33.05,   37.03, 42.072,  49.04, 49.045, 49.05, 49.06, [ or ] 49.065, 49.07, or   49.08, Penal Code ;                                 &#xA [Text truncated for display. 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