Amend HB 1415 by striking all below the enacting clause and
substituting the following:
      SECTION 1.  Section 411.081, Government Code, is amended by
adding Subsections (d), (e), and (f) to read as follows:
      (d)  Notwithstanding any other provision of this subchapter,
if a person is placed on deferred adjudication community
supervision under Section 5, Article 42.12, Code of Criminal
Procedure, subsequently receives a discharge and dismissal under
Section 5(c), Article 42.12, and satisfies the requirements of
Subsection (e), a criminal justice agency may not disclose to the
public criminal history record information related to the offense
giving rise to the deferred adjudication on or after:
            (1)  the discharge and dismissal, if the offense for
which the person was placed on deferred adjudication was a
misdemeanor other than a misdemeanor described by Subdivision (2);
            (2)  the fifth anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
25, 42, or 46, Penal Code; or
            (3)  the 10th anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony.
      (e)  A person is entitled to the benefit provided under
Subsection (d) only if during the applicable period described by
Subsection (d)(1), (2), or (3), as appropriate, the person is not
convicted of or placed on deferred adjudication community
supervision under Section 5, Article 42.12, Code of Criminal
Procedure, for any offense other than an offense under the
Transportation Code punishable by fine only.  A person is not
entitled to the benefit provided under Subsection (d) during any
period in which the person is required to register as a sex
offender under Chapter 62, Code of Criminal Procedure.
      (f)  For purposes of Subsection (d), a person is considered
to have been placed on deferred adjudication community supervision
if, regardless of the statutory authorization:
            (1)  the person entered a plea of guilty or nolo
contendere;
            (2)  the person was placed under the supervision of the
court or an officer under the supervision of the court; and
            (3)  at the end of the period of supervision the judge
dismissed the proceedings and discharged the person.
      SECTION 2.  Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.139 to read as follows:
      Sec. 552.139.  EXCEPTION: RECORDS OF CERTAIN DEFERRED
ADJUDICATIONS. (a)  Subject to the dates provided by Subsection (b)
and the requirements of Subsection (c), information is excepted
from the requirements of Section 552.021 if the information relates
to an arrest and the prosecution of an offense for which a  person
is placed on deferred adjudication community supervision under
Section 5, Article 42.12, Code of Criminal Procedure, and
subsequently receives a discharge and dismissal under Section 5(c),
Article 42.12.
      (b)  The exception provided by Subsection (a) for information
related to an arrest and the prosecution of an offense for which a
person is placed on deferred adjudication is available only on or
after:
            (1)  the discharge and dismissal, if the offense for
which the person was placed on deferred adjudication was a
misdemeanor other than a misdemeanor described by Subdivision (2);
            (2)  the fifth anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
25, 42, or 46, Penal Code; or
            (3)  the 10th anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony.
      (c)  A person is entitled to the benefit provided under
Subsection (a) only if during the applicable period described by
Subsection (b)(1), (2), or (3), as appropriate, the person is not
convicted of or placed on deferred adjudication community
supervision under Section 5, Article 42.12, Code of Criminal
Procedure, for any offense other than an offense under the
Transportation Code punishable by fine only.  A person is not
entitled to the benefit provided under Subsection (a) during any
period in which the person is required to register as a sex
offender under Chapter 62, Code of Criminal Procedure.
      (d)  For purposes of Subsections (a) and (b), a person is
considered to have been placed on deferred adjudication community
supervision if, regardless of the statutory authorization:
            (1)  the person entered a plea of guilty or nolo
contendere;
            (2)  the person was placed under the supervision of the
court or an officer under the supervision of the court; and
            (3)  at the end of the period of supervision the judge
dismissed the proceedings and discharged the person.
      (e)  A person who is the subject of information that is
excepted from the requirements of Section 552.021 under this
section may deny the occurrence of the arrest and prosecution to
which the information relates and the exception of the information
under this section, unless the information is being used against
the person in a subsequent criminal proceeding.
      SECTION 3.  The change in law made by this Act applies to
information related to a deferred adjudication or similar procedure
described by Section 411.081(f), Government Code, as added by this
Act, regardless of whether the deferred adjudication or procedure
is entered before, on, or after the effective date of this Act.
      SECTION 4.  This Act takes effect September 1, 2001.