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