SRC-BWC H.B. 1415 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1415
By: Farrar (Armbrister)
Criminal Justice
5/7/2001
Engrossed


DIGEST AND PURPOSE 

Currently, it is difficult to have a deferred adjudication expunged from a
criminal record.  While many people have accepted a conviction on deferred
adjudication, they generally do so with the expectation that the offense
will not affect their permanent record.  However, as the law currently
stands, a deferred adjudication remains on a permanent criminal record.
This deferred adjudication may impede a person's ability to obtain a
desired job or position for many years after the offense.  H.B. 1415
prohibits a criminal justice agency from disclosing to the public a
person's criminal record information regarding a deferred adjudication on
or after the fifth anniversary of the discharge and dismissal if the
offense was a misdemeanor or on or after the 10th anniversary of the
discharge and dismissal if the offense was a felony.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 411.081, Government Code, by adding Subsection
(d) to prohibit a criminal justice agency from disclosing to the public
criminal history record information related to the offense giving rise to
the deferred adjudication on or after a certain period of time,
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. 

SECTION 2.  Amends Chapter 552C, Government Code, by adding Section
552.139, as follows: 

Sec. 552.139.  EXCEPTION:  RECORDS OF CERTAIN DEFERRED ADJUDICATIONS.
Provides that information is excepted, subject to the dates provided by
this section, 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.  Provides that
the exception provided by this section 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 a certain date. 

SECTION 3.  Provides that the change in law made by this Act applies to
information related to a deferred adjudication regardless of whether the
deferred adjudication is entered before, on, or after the effective date of
this Act. 

SECTION 4.  Effective date: upon passage or September 1, 2001.