SB377 - Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

  89R449 JRR-D     By: Miles S.B. No. 377       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 180th day after the date [ second anniversary ]   of the 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 first [ fifth ] anniversary of the discharge and   dismissal, if the offense for which the person was placed on   deferred adjudication was a felony.          SECTION 2.  Subchapter E-1, Chapter 411, Government Code, is   amended by adding Sections 411.0732 and 411.0737 to read as   follows:           Sec.   411.0732.     PROCEDURE FOR COMMUNITY SUPERVISION   FOLLOWING CONVICTION; CERTAIN NONVIOLENT FELONIES. (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 felony other than a   felony:                       (A)     listed in Article 42A.054(a), Code of   Criminal Procedure;                       (B)     for which the judgment contains an   affirmative finding under Article 42A.054(c) or (d), Code of   Criminal Procedure;                       (C)     punishable as a felony of the second degree   or a felony of the first degree under Subchapter D, Chapter 481,   Health and Safety Code;                       (D)     punishable under Section 481.1122, Health   and Safety Code;                       (E)  under Title 5, Penal Code;                       (F)     under Chapter 25, 29, 43, 49, or 71, Penal   Code;                       (G)     under Section 28.02, 36.02, 42.072, or 42.08,   Penal Code;                       (H)     punishable as a felony of the second degree   or a felony of the first degree under Section 28.03, Penal Code;                       (I)     punishable as a felony of the first degree   under Section 30.02, Penal Code;                       (J)     under Section 31.03 or 34.02, Penal Code,   that is punishable as a felony of the third degree or any higher   category of offense;                       (K)     punishable as a felony of the second degree   or a felony of the first degree under Section 38.06, Penal Code; or                       (L)     punishable as a felony of the second degree   under Section 46.14, 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;                 (2)     has never been previously convicted of or placed   on deferred adjudication community supervision for another offense   other than:                       (A)     a traffic offense that is punishable by fine   only; or                       (B)     an offense arising out of the criminal   episode during which the offense that is the subject of the petition   occurred; and                 (3)     has never previously received an order of   nondisclosure of criminal history record information under this   subchapter or other law for an offense, other than an offense   described by Subdivision (2)(A) or (B).           (c)     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 community supervision.           (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 the   second anniversary of the date of completion of the community   supervision.           Sec.   411.0737.     PROCEDURE FOR CONVICTION; CERTAIN   NONVIOLENT FELONIES. (a)   This section applies only to a person   who:                 (1)  is convicted of a felony other than a felony:                       (A)     listed in Article 42A.054(a), Code of   Criminal Procedure;                       (B)     for which the judgment contains an   affirmative finding under Article 42A.054(c) or (d), Code of   Criminal Procedure;                       (C)     punishable as a felony of the second degree   or a felony of the first degree under Subchapter D, Chapter 481,   Health and Safety Code;                       (D)     punishable under Section 481.1122, Health   and Safety Code;                       (E)  under Title 5, Penal Code;                       (F)     under Chapter 25, 29, 43, 49, or 71, Penal   Code;                       (G)     under Section 28.02, 36.02, 42.072, or 42.08,   Penal Code;                       (H)     punishable as a felony of the second degree   or a felony of the first degree under Section 28.03, Penal Code;                       (I)     punishable as a felony of the first degree   under Section 30.02, Penal Code;                       (J)     under Section 31.03 or 34.02, Penal Code,   that is punishable as a felony of the third degree or any higher   category of offense;                       (K)     punishable as a felony of the second degree   or a felony of the first degree under Section 38.06, Penal Code; or                       (L)     punishable as a felony of the second degree   under Section 46.14, Penal Code; and                 (2)     is not eligible for an order of nondisclosure of   criminal history record information under Section 411.0732.           (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;                 (2)     has never been previously convicted of or placed   on deferred adjudication community supervision for another offense   other than:                       (A)     a traffic offense that is punishable by fine   only; or                       (B)     an offense arising out of the criminal   episode during which the offense that is the subject of the petition   occurred; and                 (3)     has never previously received an order of   nondisclosure of criminal history record information under this   subchapter or other law for an offense, other than an offense   described by Subdivision (2)(A) or (B).           (c)     Except as provided by Subsection (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   for which the person was convicted.           (d)     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 was   violent or sexual in nature.           (e)     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 the third   anniversary of the date of completion of the person's sentence.          SECTION 3.  This [Text truncated for display. 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