Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 78(R)

SENATE BILL 1477  

SENATE AUTHOR: West

EFFECTIVE: 9-1-03         

HOUSE SPONSOR: Talton et. al.

Senate Bill 1477 amends the Government Code to authorize a person who has been placed on deferred adjudication, received a discharge and dismissal, and satisfied certain requirements to petition the court for an order of nondisclosure. After notice to the state and a hearing to decide if the person is entitled to file a petition and if the issuance of an order is in the best interest of justice, the court is required to issue an order to prohibit criminal justice agencies from disclosing to the public information related to the deferred adjudication. The bill requires the court clerk to send a copy of the order to the Texas Department of Public Safety and requires the department to send a copy to certain entities, including law enforcement agencies, courts, officials, agencies or entities of the state or political subdivision, and to all central federal depositories of criminal records that are believed to have criminal history information subject to the order. The bill prohibits private entities that compile and disseminate criminal history record information from releasing information for which a nondisclosure order has been issued and provides a civil penalty not to exceed $500 for each violation.