S.B. 1477 78(R)    BILL ANALYSIS


S.B. 1477
By: West
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

It may be difficult to have a deferred adjudication expunged from a
criminal record. While many people have accepted a conviction on deferred
adjudication, they generally do so with the expectation that the offense
will not affect their permanent record. However, as the law currently
stands, a deferred adjudication remains on a permanent criminal record.
This deferred adjudication may impede a person's ability to obtain a
desired job or position for many years after the offense. Senate Bill 1477
restricts the disclosure of certain criminal records and sets forth the
duty of law enforcement agencies regarding records associated with certain
defendants receiving deferred adjudication. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Senate Bill 1477 amends the Code of Criminal Procedure to provide that a
person who has been placed under a custodial or noncustodial arrest for
commission of either a felony or misdemeanor is entitled to have all
records and files relating to arrest expunged under certain conditions.
The bill provides that when the order of expunction is final the release,
dissemination, or use of the expunged records and files for any purpose
other than for use by criminal justice agencies, non criminal justice
agencies authorized by federal or state law, or the person who is the
subject of the information, is prohibited. 

S.B. 1477 amends the Government Code to provide that if a person is placed
on deferred adjudication community supervision and subsequently receives a
discharge and dismissal and has not been convicted of certain offenses,
the person may petition the court that placed the defendant on deferred
adjudication for an order of nondisclosure.  The bill creates provisions
governing the determination of eligibility for a nondisclosure order, the
payment required to accompany petition, and to whom the nondisclosure
order is to be sent. 

The bill allows a person who is the subject of information that is
excepted from the requirements of public availability of information to
deny the occurrence of  the arrest and prosecution to which the
information relates and the exception of the information, unless the
information is being used against the person in a subsequent criminal
proceeding. The bill prohibits a private entity that compiles and
disseminates for compensation criminal history record information from
compiling or from disseminating information with respect to which an order
of nondisclosure has been issued and sets forth penalties for entities
that fail to comply.  

EFFECTIVE DATE

September 1, 2003.