85R22755 JRR-D     By: Allen, Guillen, et al. H.B. No. 1404     Substitute the following for H.B. No. 1404:     By:  Moody C.S.H.B. No. 1404       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility of a criminal defendant for an order of   nondisclosure of criminal history record information.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter E-1, Chapter 411, Government Code, is   amended by adding Section 411.0716 to read as follows:          Sec. 411.0716.  APPLICABILITY OF SUBCHAPTER. (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 September 1, 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 2.  Section 411.0735, Government Code, is amended to   read as follows:          Sec. 411.0735.  PROCEDURE FOR CONVICTION [AND CONFINEMENT];   CERTAIN MISDEMEANORS. (a) This section applies only to a person   who:                (1)  is convicted of 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; and                (2)  [is sentenced to and serves a period of   confinement; and                [(3)]  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 [period of confinement and is released] 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 [an] offense that is [under the Transportation   Code] punishable by fine only.          (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 for which the person was convicted [giving   rise to the confinement].          (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 the second   anniversary of the date of completion of the person's sentence   [period of confinement].          SECTION 3.  Section 411.074, Government Code, is amended to   read as follows:          Sec. 411.074.  REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF   NONDISCLOSURE. (a) A person may be granted an order of   nondisclosure of criminal history record information under this   subchapter and, when applicable, is entitled to petition the court   to receive an order under this subchapter only if, during the period   after the court pronounced the sentence or placed the person on   community supervision, including deferred adjudication community   supervision, for the offense for which the order of nondisclosure   is requested, and during any applicable waiting period that this   subchapter requires for the person after completion of the person's    sentence or community supervision, including deferred adjudication   community supervision [required by this subchapter], the person is   not convicted of or placed on deferred adjudication community   supervision [under Subchapter C, Chapter 42A, Code of Criminal   Procedure,] for any offense other than a traffic [an] offense that   is [under the Transportation Code] punishable by fine only.          (b)  A person may not be granted an order of nondisclosure of   criminal history record information under this subchapter and is   not entitled to petition the court for an order under this   subchapter if:                (1)  the person requests the order of nondisclosure    [was convicted or placed on deferred adjudication community   supervision] for, or the person has been previously convicted of or   placed on [any other] deferred adjudication community supervision    for:                      (A)  an offense requiring registration as a sex   offender under Chapter 62, Code of Criminal Procedure;                      (B)  an offense under Section 20.04, Penal Code,   regardless of whether the offense is a reportable conviction or   adjudication for purposes of Chapter 62, Code of Criminal   Procedure;                      (C)  an offense under Section 19.02, 19.03,   20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal   Code; or                      (D)  any other offense involving family violence,   as defined by Section 71.004, Family Code; or                (2)  the court makes an affirmative finding that the   offense for which the order of nondisclosure [of criminal history   record information] is requested involved family violence, as   defined by Section 71.004, Family Code.          SECTION 4.  Section 32, Chapter 1279 (S.B. 1902), Acts of the   84th Legislature, Regular Session, 2015, is repealed.          SECTION 5.  This Act takes effect September 1, 2017.