HB 439 — The eligibility of certain criminal defendants

90R5347 JSC-F By: Ward Johnson H.B. No. 439 relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

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, 2027.