85R5906 JSC-F     By: Allen H.B. No. 1426       A BILL TO BE ENTITLED   AN ACT   relating to the issuance of a certificate of relief from collateral   consequences to persons convicted of or placed on deferred   adjudication community supervision for certain offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 1, Code of Criminal Procedure, is amended   by adding Chapter 68 to read as follows:   CHAPTER 68. CERTIFICATE OF RELIEF FROM COLLATERAL CONSEQUENCES          Art. 68.001.  DEFINITIONS. In this chapter:                (1)  "Certificate" means a certificate of relief from   collateral consequences issued under this chapter.                (2)  "Criminal history record information" has the   meaning assigned by Section 411.082, Government Code.          Art. 68.002.  ELIGIBILITY. (a)  Except as otherwise   provided by this article, a person who was convicted of or placed on   deferred adjudication community supervision for an offense is   eligible to petition for a certificate:                (1)  immediately after a discharge and dismissal, if   the person is placed on deferred adjudication community supervision   for a misdemeanor offense;                (2)  on or after the second anniversary of the date the   person discharged the person's sentence, if the person is convicted   of a misdemeanor offense;                (3)  on or after the third anniversary of the date of   the discharge and dismissal, if the person is placed on deferred   adjudication community supervision for a felony offense; and                (4)  on or after the fifth anniversary of the date the   person discharged the person's sentence, if the person is convicted   of a felony offense.          (b)  A person convicted of or placed on deferred adjudication   community supervision for an offense listed under Article   42A.054(a) or described by Article 42A.054(b) is not eligible to   petition for a certificate.          (c)  A person is not eligible to petition for a certificate   if, after being convicted of or placed on deferred adjudication   community supervision for an offense, the person committed a   separate offense of which the person was convicted or for which the   person was placed on deferred adjudication community supervision.          Art. 68.003.  PETITION. (a)  A person who is eligible to   petition for a certificate must submit the petition to the court   that convicted the person or placed the person on deferred   adjudication community supervision.          (b)  The petition must provide evidence that the person has   been rehabilitated, which may include:                (1)  letters of recommendation from persons who can   credibly speak from personal experience regarding the moral   character of the person;                (2)  written confirmation that the person has been   rehabilitated, including statements from a court, supervision   officer, parole officer, counselor, psychologist, therapist, or   instructor;                (3)  letters from community organizations, including a   faith-based organization, attesting to positive community   involvement and volunteerism;                (4)  proof of completion of rehabilitative courses or   programs, including substance abuse programs and anger management   classes;                (5)  proof that the person is obtaining an education or   is employed, is diligently attempting to obtain an education or   seek employment, or is unable to obtain an education or seek   employment or hold an employment position; and                (6)  any recommendations from the Board of Pardons and   Paroles.          Art. 68.004.  ISSUANCE OF CERTIFICATE OR DENIAL OF PETITION.   (a) The court shall investigate each person who petitions under   this chapter.          (b)  The court may issue a certificate to an eligible person   if the court determines that:                (1)  the person demonstrated that the person has been   rehabilitated; and                (2)  the issuance of the certificate is in the best   interest of justice and consistent with the public interest.           (c)  The court shall issue the certificate or deny the   petition within a reasonable amount of time after the petition is   filed.          Art. 68.005.  EFFECT OF CERTIFICATE. (a) If a person holds   a certificate, the person's criminal history record information for   the offense that is the subject of the certificate may not be used   as grounds for denying a professional license to the person,   provided that the person is otherwise qualified for the license.          (b)  Subsection (a) does not apply if federal law prohibits   the person from obtaining the license.          Art. 68.006.  ELIGIBILITY FOR ORDER OF NONDISCLOSURE.   Regardless of whether the person meets the eligibility criteria   under Subchapter E-1, Chapter 411, Government Code, a person who is   granted a certificate may immediately petition the granting court   for an order of nondisclosure of criminal history record   information with respect to the offense that is the subject of the   certificate in the manner provided under Section 411.0745,   Government Code.          SECTION 2.  (a)  A petition may be filed under Chapter 68,   Code of Criminal Procedure, as added by this Act, relating to any   offense committed before, on, or after the effective date of this   Act.          (b)  A court is not required to accept a petition filed under   Chapter 68, Code of Criminal Procedure, as added by this Act, before   January 1, 2018.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.