1-1 AN ACT
1-2 relating to the duty of law enforcement agencies regarding records
1-3 associated with certain defendants receiving deferred adjudication.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 411.081, Government Code, is amended by
1-6 adding Subsections (d), (e), and (f) to read as follows:
1-7 (d) Notwithstanding any other provision of this subchapter,
1-8 if a person is placed on deferred adjudication community
1-9 supervision under Section 5, Article 42.12, Code of Criminal
1-10 Procedure, subsequently receives a discharge and dismissal under
1-11 Section 5(c), Article 42.12, and satisfies the requirements of
1-12 Subsection (e), a criminal justice agency may not disclose to the
1-13 public criminal history record information related to the offense
1-14 giving rise to the deferred adjudication on or after:
1-15 (1) the discharge and dismissal, if the offense for
1-16 which the person was placed on deferred adjudication was a
1-17 misdemeanor other than a misdemeanor described by Subdivision (2);
1-18 (2) the fifth anniversary of the discharge and
1-19 dismissal, if the offense for which the person was placed on
1-20 deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
1-21 25, 42, or 46, Penal Code; or
1-22 (3) the 10th anniversary of the discharge and
1-23 dismissal, if the offense for which the person was placed on
1-24 deferred adjudication was a felony.
2-1 (e) A person is entitled to the benefit provided under
2-2 Subsection (d) only if during the applicable period described by
2-3 Subsection (d)(1), (2), or (3), as appropriate, the person is not
2-4 convicted of or placed on deferred adjudication community
2-5 supervision under Section 5, Article 42.12, Code of Criminal
2-6 Procedure, for any offense other than an offense under the
2-7 Transportation Code punishable by fine only. A person is not
2-8 entitled to the benefit provided under Subsection (d) during any
2-9 period in which the person is required to register as a sex
2-10 offender under Chapter 62, Code of Criminal Procedure.
2-11 (f) For purposes of Subsection (d), a person is considered
2-12 to have been placed on deferred adjudication community supervision
2-13 if, regardless of the statutory authorization:
2-14 (1) the person entered a plea of guilty or nolo
2-15 contendere;
2-16 (2) the person was placed under the supervision of the
2-17 court or an officer under the supervision of the court; and
2-18 (3) at the end of the period of supervision the judge
2-19 dismissed the proceedings and discharged the person.
2-20 SECTION 2. Subchapter C, Chapter 552, Government Code, is
2-21 amended by adding Section 552.139 to read as follows:
2-22 Sec. 552.139. EXCEPTION: RECORDS OF CERTAIN DEFERRED
2-23 ADJUDICATIONS. (a) Subject to the dates provided by Subsection
2-24 (b) and the requirements of Subsection (c), information is excepted
2-25 from the requirements of Section 552.021 if the information relates
2-26 to an arrest and the prosecution of an offense for which a person
2-27 is placed on deferred adjudication community supervision under
3-1 Section 5, Article 42.12, Code of Criminal Procedure, and
3-2 subsequently receives a discharge and dismissal under Section 5(c),
3-3 Article 42.12.
3-4 (b) The exception provided by Subsection (a) for information
3-5 related to an arrest and the prosecution of an offense for which a
3-6 person is placed on deferred adjudication is available only on or
3-7 after:
3-8 (1) the discharge and dismissal, if the offense for
3-9 which the person was placed on deferred adjudication was a
3-10 misdemeanor other than a misdemeanor described by Subdivision (2);
3-11 (2) the fifth anniversary of the discharge and
3-12 dismissal, if the offense for which the person was placed on
3-13 deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
3-14 25, 42, or 46, Penal Code; or
3-15 (3) the 10th anniversary of the discharge and
3-16 dismissal, if the offense for which the person was placed on
3-17 deferred adjudication was a felony.
3-18 (c) A person is entitled to the benefit provided under
3-19 Subsection (a) only if during the applicable period described by
3-20 Subsection (b)(1), (2), or (3), as appropriate, the person is not
3-21 convicted of or placed on deferred adjudication community
3-22 supervision under Section 5, Article 42.12, Code of Criminal
3-23 Procedure, for any offense other than an offense under the
3-24 Transportation Code punishable by fine only. A person is not
3-25 entitled to the benefit provided under Subsection (a) during any
3-26 period in which the person is required to register as a sex
3-27 offender under Chapter 62, Code of Criminal Procedure.
4-1 (d) For purposes of Subsections (a) and (b), a person is
4-2 considered to have been placed on deferred adjudication community
4-3 supervision if, regardless of the statutory authorization:
4-4 (1) the person entered a plea of guilty or nolo
4-5 contendere;
4-6 (2) the person was placed under the supervision of the
4-7 court or an officer under the supervision of the court; and
4-8 (3) at the end of the period of supervision the judge
4-9 dismissed the proceedings and discharged the person.
4-10 (e) A person who is the subject of information that is
4-11 excepted from the requirements of Section 552.021 under this
4-12 section may deny the occurrence of the arrest and prosecution to
4-13 which the information relates and the exception of the information
4-14 under this section, unless the information is being used against
4-15 the person in a subsequent criminal proceeding.
4-16 SECTION 3. The change in law made by this Act applies to
4-17 information related to a deferred adjudication or similar procedure
4-18 described by Section 411.081(f), Government Code, as added by this
4-19 Act, regardless of whether the deferred adjudication or procedure
4-20 is entered before, on, or after the effective date of this Act.
4-21 SECTION 4. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1415 was passed by the House on May
5, 2001, by the following vote: Yeas 140, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1415 on May 18, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1415 was passed by the Senate, with
amendments, on May 16, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor