77R12592 GWK-F By Farrar, Grusendorf H.B. No. 1415 Substitute the following for H.B. No. 1415: By Talton C.S.H.B. No. 1415 A BILL TO BE ENTITLED 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 Subsection (d) 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, and subsequently receives a discharge and dismissal 1-11 under Section 5(c), Article 42.12, a criminal justice agency may 1-12 not disclose to the public criminal history record information 1-13 related to the offense giving rise to the deferred adjudication on 1-14 or after: 1-15 (1) the fifth anniversary of the discharge and 1-16 dismissal, if the offense for which the person was placed on 1-17 deferred adjudication was a misdemeanor; or 1-18 (2) the 10th anniversary of the discharge and 1-19 dismissal, if the offense for which the person was placed on 1-20 deferred adjudication was a felony. 1-21 SECTION 2. Subchapter C, Chapter 552, Government Code, is 1-22 amended by adding Section 552.139 to read as follows: 1-23 Sec. 552.139. EXCEPTION: RECORDS OF CERTAIN DEFERRED 1-24 ADJUDICATIONS. (a) Subject to the dates provided by Subsection 2-1 (b), information is excepted from the requirements of Section 2-2 552.021 if the information relates to an arrest and the prosecution 2-3 of an offense for which a person is placed on deferred 2-4 adjudication community supervision under Section 5, Article 42.12, 2-5 Code of Criminal Procedure, and subsequently receives a discharge 2-6 and dismissal under Section 5(c), Article 42.12. 2-7 (b) The exception provided by Subsection (a) for information 2-8 related to an arrest and the prosecution of an offense for which a 2-9 person is placed on deferred adjudication is available only on or 2-10 after: 2-11 (1) the fifth anniversary of the discharge and 2-12 dismissal, if the offense for which the person was placed on 2-13 deferred adjudication was a misdemeanor; or 2-14 (2) the 10th anniversary of the discharge and 2-15 dismissal, if the offense for which the person was placed on 2-16 deferred adjudication was a felony. 2-17 SECTION 3. The change in law made by this Act applies to 2-18 information related to a deferred adjudication regardless of 2-19 whether the deferred adjudication is entered before, on, or after 2-20 the effective date of this Act. 2-21 SECTION 4. This Act takes effect immediately if it receives 2-22 a vote of two-thirds of all the members elected to each house, as 2-23 provided by Section 39, Article III, Texas Constitution. If this 2-24 Act does not receive the vote necessary for immediate effect, this 2-25 Act takes effect September 1, 2001.