1-1     By:  Farrar, Grusendorf (Senate Sponsor-Armbrister)   H.B. No. 1415
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Criminal
 1-4     Justice; May 10, 2001, reported favorably by the following vote:
 1-5     Yeas 5, Nays 1; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the duty of law enforcement agencies regarding records
 1-9     associated with certain defendants receiving deferred adjudication.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 411.081, Government Code, is amended by
1-12     adding Subsection (d) to read as follows:
1-13           (d)  Notwithstanding any other provision of this subchapter,
1-14     if a person is placed on deferred adjudication community
1-15     supervision under Section 5, Article 42.12, Code of Criminal
1-16     Procedure, and subsequently receives a discharge and dismissal
1-17     under Section 5(c), Article 42.12, a criminal justice agency may
1-18     not disclose to the public criminal history record information
1-19     related to the offense giving rise to the deferred adjudication on
1-20     or after:
1-21                 (1)  the fifth anniversary of the discharge and
1-22     dismissal, if the offense for which the person was placed on
1-23     deferred adjudication was a misdemeanor; or
1-24                 (2)  the 10th anniversary of the discharge and
1-25     dismissal, if the offense for which the person was placed on
1-26     deferred adjudication was a felony.
1-27           SECTION 2.  Subchapter C, Chapter 552, Government Code, is
1-28     amended by adding Section 552.139 to read as follows:
1-29           Sec. 552.139.  EXCEPTION: RECORDS OF CERTAIN DEFERRED
1-30     ADJUDICATIONS.  (a)  Subject to the dates provided by Subsection
1-31     (b),  information is excepted from the requirements of Section
1-32     552.021 if the information relates to an arrest and the prosecution
1-33     of an offense for which a  person is placed on deferred
1-34     adjudication community supervision under Section 5, Article 42.12,
1-35     Code of Criminal Procedure, and subsequently receives a discharge
1-36     and dismissal under Section 5(c), Article 42.12.
1-37           (b)  The exception provided by Subsection (a) for information
1-38     related to an arrest and the prosecution of an offense for which a
1-39     person is placed on deferred adjudication is available only on or
1-40     after:
1-41                 (1)  the fifth anniversary of the discharge and
1-42     dismissal, if the offense for which the person was placed on
1-43     deferred adjudication was a misdemeanor; or
1-44                 (2)  the 10th anniversary of the discharge and
1-45     dismissal, if the offense for which the person was placed on
1-46     deferred adjudication was a felony.
1-47           SECTION 3. The change in law made by this Act applies to
1-48     information related to a deferred adjudication regardless of
1-49     whether the deferred adjudication is entered before, on, or after
1-50     the effective date of this Act.
1-51           SECTION 4.  This Act takes effect immediately if it receives
1-52     a vote of two-thirds of all the members elected to each house, as
1-53     provided by Section 39, Article III, Texas Constitution.  If this
1-54     Act does not receive the vote necessary for immediate effect, this
1-55     Act takes effect September 1, 2001.
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