Texas Code of Criminal Procedure
Art. Art. 42A.105
Affirmative Findings


(a)

If a judge places on deferred adjudication community supervision a defendant charged with a sexually violent offense, as defined by Article 62.001 (Definitions), the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that the victim or intended victim was younger than 14 years of age at the time of the offense.

(b)

If a judge places on deferred adjudication community supervision a defendant charged with an offense under Section 20.02 (Unlawful Restraint), 20.03 (Kidnapping), or 20.04 (Aggravated Kidnapping), Penal Code, or an attempt, conspiracy, or solicitation to commit one of those offenses, the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that the victim or intended victim was younger than 17 years of age at the time of the offense.

(c)

If a judge places on deferred adjudication community supervision a defendant charged with an offense under Section 21.11 (Indecency With a Child) or 22.011 (Sexual Assault), Penal Code, the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that:

(1)

at the time of the offense, the defendant was not more than four years older than the victim or intended victim and the victim or intended victim was at least 15 years of age; and

(2)

the charge to which the plea is entered under this subchapter is based solely on the ages of the defendant and the victim or intended victim at the time of the offense.

(d)

If a judge places a defendant on deferred adjudication community supervision, on the motion of the attorney representing the state the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that, regardless of whether the conduct at issue is the subject of the prosecution or part of the same criminal episode as the conduct that is the subject of the prosecution, a victim in the trial:

(1)

is or has been a victim of a severe form of trafficking in persons, as defined by 22 U.S.C. Section 7102(9); or

(2)

has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity described by 8 U.S.C. Section 1101(a)(15)(U)(iii).

(e)

The part of the papers in the case containing an affirmative finding under Subsection (d):

(1)

must include specific information identifying the victim, as available;

(2)

may not include information identifying the victim’s location; and

(3)

is confidential, unless written consent for the release of the affirmative finding is obtained from the victim or, if the victim is younger than 18 years of age, the victim’s parent or guardian.

(f)

If a judge places on deferred adjudication community supervision a defendant charged with a misdemeanor other than a misdemeanor under Chapter 20 (Kidnapping, Unlawful Restraint, and), 21 (Sexual Offenses), 22 (Assaultive Offenses), 25 (Offenses Against the Family), 42 (Disorderly Conduct and Related Offenses), 43 (Public Indecency), 46 (Weapons), or 71 (Organized Crime), Penal Code, the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that it is not in the best interest of justice that the defendant receive an automatic order of nondisclosure under Section 411.072 (Procedure for Deferred Adjudication Community Supervision; Certain Nonviolent Misdemeanors), Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.012(a), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 10, eff. September 1, 2017.
Art. 42A.106. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION FOR ORDER OF NONDISCLOSURE. (a) Except as provided by Section 552.142 (Exception: Confidentiality of Records Subject to Order of Nondisclosure), Government Code, a record in the custody of the court clerk regarding a case in which a defendant is granted deferred adjudication community supervision is not confidential.

(b)

Before placing a defendant on deferred adjudication community supervision, the court shall inform the defendant of the defendant’s right to receive or petition the court for an order of nondisclosure of criminal history record information under Subchapter E-1 (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code, as applicable, unless the defendant is ineligible for an order because of:

(1)

the nature of the offense for which the defendant is placed on deferred adjudication community supervision; or

(2)

the defendant’s criminal history.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.012(b), eff. September 1, 2017.
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Apr. 11, 2021