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.