Read the full stored bill text
89(R) HB 4515 - House Committee Report version - Bill Text
89R25442 JSC-F
By: Cook
H.B. No. 4515
Substitute the following for H.B. No. 4515:
By: Harless
C.S.H.B. No. 4515
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. 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 STATE JAIL
FELONIES
.
SECTION 2. Sections 411.073(a) 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
:
(A)
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;
or
(B)
a state jail felony under Section 481.121,
Health and Safety Code;
and
(2) under a provision of Chapter 42A, Code of Criminal
Procedure, other than Subchapter C
of that chapter
, 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.
(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 misdemeanor under Chapter
20, 21, 22, 25, 42, 43, or 46, Penal Code
; or
(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 state jail felony
.
SECTION 3. The heading to Section 411.0735, Government
Code, is amended to read as follows:
Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN
MISDEMEANORS
AND STATE JAIL FELONIES
.
SECTION 4. Sections 411.0735(a) and (d), Government Code,
are amended to read as follows:
(a) This section applies only to a person who:
(1) is convicted of
:
(A)
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;
or
(B)
a state jail felony under Section 481.121,
Health and Safety Code;
and
(2) is not eligible for an order of nondisclosure of
criminal history record information under Section 411.073.
(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 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)
; or
(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
.
SECTION 5. This Act takes effect September 1, 2025.