Texas 89th Legislature, Regular Session Status: Introduced

HB 3261 — Relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information for certain offenses committed when younger than 25 years of age.

Last action — Received from the House

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 89th Legislature, Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information for certain offenses committed when younger than 25 years of age.

Bill Text

We don't have the full text on file for this bill yet.

Read HB 3261 on the official Texas source →

How this bill changes current law

8 changes Share ↗

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 6 section(s) of the Texas statutes: Section 126.004(d), Government Code, Section 411.0725(e), Government Code, Section 411.0727, Government Code, Section 411.073, Government Code, Section 411.0735, Section 411.0735, Government Code.

  • Section 126.004(d), Government Code

    411.0727 or

    amended

  • Section 411.0725(e), Government Code

    (2) (3) fifth → (3) the first anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a state jail felony other than a state jail felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal Code; (3) (4) third other than a state jail felony described by Subdivision (2)

    amended

  • Section 411.0727, Government Code

    VETERANS TREATMENT veterans treatment Chapter 124 veterans treatment veterans treatment under Section 124.001(b) veterans treatment veterans treatment veterans treatment → SPECIALTY specialty Subtitle K, Title 2, specialty specialty following successful completion of the applicable specialty court program specialty specialty specialty

    amended

  • Section 411.073, Government Code

    AND STATE JAIL FELONIES

    amended

  • Section 411.073, Government Code

    (2) or → : (A) or (B) a state jail felony other than a state jail felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal Code; (3) the first 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; or (3) (e) A court that issues an order of nondisclosure of criminal history record information may include in the order any offense arising out of the same transaction as the offense for which the order is sought if the other offense: (1) satisfies the requirements for issuance of an order of nondisclosure of criminal history record information under this section or another provision of this subchapter; or (2) has not resulted in a conviction or a dismissal and discharge under Article 42A.111, Code of Criminal Procedure, and is no longer pending.

    amended

  • Section 411.0735

    AND STATE JAIL FELONIES

    amended

  • Section 411.0735, Government Code

    or second → : (A) or (B) a state jail felony other than a state jail felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal Code; first or (3)(A); or (3) the second anniversary of the date of completion of the person's sentence, if the offense of which the person was convicted was: (A) a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code; or (B) a state jail felony (e) A court that issues an order of nondisclosure of criminal history record information may include in the order any offense arising out of the same transaction as the offense for which the order is sought if the other offense: (1) satisfies the requirements for issuance of an order of nondisclosure of criminal history record information under this section or another provision of this subchapter; or (2) has not resulted in a conviction or a dismissal and discharge under Article 42A.111, Code of Criminal Procedure, and is no longer pending.

    amended

  • Sec. 411.0738. PROCEDURE FOR MORE THAN ONE CONVICTION. (a) This section applies only to a person who: (1) has more than one conviction for an offense that is a misdemeanor or state jail felony other than: (A) 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 Chapter 19, 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal Code; and (2) is not eligible for an order of nondisclosure of criminal history record information under Section 411.073 or 411.0735. (b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who has completed each sentence imposed, including any term of confinement or period of community supervision imposed and payment of all fines, costs, and restitution imposed, may petition any court that imposed at least one of those sentences for an order of nondisclosure of criminal history record information under this section if the person satisfies the requirements of this section and Section 411.074. (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 offenses for which the person was convicted. (d) A court may issue an order of nondisclosure of criminal history record information under this section for a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code, other than a misdemeanor under Section 22.01 of that code, only if the person: (1) was placed on community supervision for the offense; and (2) completed the period of community supervision imposed for the offense. (e) A person may petition a court described by Subsection (b) for an order of nondisclosure of criminal history record information under this section only on or after: (1) the third anniversary of the date of the completion of all sentences imposed if the most serious offense for which the order is sought is a misdemeanor; (2) the fourth anniversary of the date of the completion of all sentences imposed if: (A) the most serious offense for which the order is sought is a state jail felony; and (B) the person's last sentence included a period of community supervision that the person completed; or (3) if neither Subdivision (1) nor (2) applies, the fifth anniversary of the date of the completion of all sentences imposed. Sec. 411.0739. PROCEDURE FOR CONVICTION FOLLOWING SUCCESSFUL COMPLETION OF SENTENCE; CERTAIN MISDEMEANORS AND FELONIES COMMITTED WHEN YOUNGER THAN 25 YEARS OF AGE. (a) This section applies only to a person who: (1) is convicted of an offense other than an offense: (A) listed in Article 42A.054(a), Code of Criminal Procedure; or (B) for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure; (2) was younger than 25 years of age at the time the offense described by Subdivision (1) was committed; and (3) has not previously received an order of nondisclosure of criminal history record information under this subchapter or other law for the offense described by Subdivision (1). (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 or period of community supervision 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 satisfies the requirements of this section and Section 411.074. (c) Except as provided by Section 411.074, a person may petition the court for an order of nondisclosure of criminal

    amended

Action History

  1. Received from the House

  2. Reported engrossed

  3. Statement(s) of vote recorded in Journal

  4. Record vote

  5. Passed

  6. Read 3rd time

  7. Statement(s) of vote recorded in Journal

  8. Record vote

  9. Passed to engrossment

  10. Read 2nd time

  11. Placed on General State Calendar

  12. Considered in Calendars

  13. Committee report sent to Calendars

  14. Committee report distributed

  15. Comte report filed with Committee Coordinator

  16. Reported favorably as substituted

  17. Committee substitute considered in committee

  18. Considered in public hearing

  19. Left pending in committee

  20. Testimony taken/registration(s) recorded in committee

  21. Considered in public hearing

  22. Scheduled for public hearing on . . .

  23. Referred to Corrections

  24. Read first time

  25. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 179 not signed on

Sponsors (1)

  • Johnson

Not signed on (179)

179 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 3261 do?
Relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information for certain offenses committed when younger than 25 years of age.
Who sponsors HB 3261?
HB 3261 is sponsored by Johnson, Cassandra Garcia Hernandez, Nicole Collier, Jolanda Jones, and Josey Garcia.
What is the current status of HB 3261?
This bill died with 89th Legislature, Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 3261?
Track HB 3261 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 4 months ago · updated continuously

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