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. 1-56 * * * * *