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House Bill 1303 |
House Author: Pena |
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Effective: 9-1-07 |
Senate Sponsor: West, Royce |
House Bill 1303 amends provisions of the Code of Criminal Procedure and Government Code relating to the expunction or nondisclosure of criminal history records. The bill requires the Department of Public Safety to notify any private business that has purchased criminal history record information from the department or that has been named in an order of expunction about the existence and effect of the order of expunction, and to request that the business destroy any information it has that is subject to the order. House Bill 1303 expands the private entities to which the department must send certain criminal history record information that is subject to a nondisclosure order to include a private entity that is likely to have such information.
House Bill 1303 provides that a business that disseminates criminal history record information for compensation must destroy and may not disseminate any information that is the subject of an order of expunction or nondisclosure and sets out procedures that provide for the updating of criminal history record information possessed by certain businesses. The bill provides that a business that disseminates information in violation of this law is liable for damages that are sustained by the person who is the subject of the information.
House Bill 1303 prohibits the department from releasing criminal history record information to a business that has illegally disseminated, three or more times, information that is the subject of an order of expunction or nondisclosure for one year after the most recent violation. The bill increases the civil penalty from $500 to $1,000 for certain violations of a prohibition relating to dissemination of criminal justice information under the Public Information Act.