78R1553 PEP-D

By:  Farrar                                                       H.B. No. 181


A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of certain criminal history record information related to an individual placed on deferred adjudication community supervision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 411.081, Government Code, is amended by adding Subsections (d), (e), and (f) to read as follows: (d) Notwithstanding any other provision of this subchapter, if a person is placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, subsequently receives a discharge and dismissal under Section 5(c), Article 42.12, and satisfies the requirements of Subsection (e), a criminal justice agency may not disclose to the public criminal history record information related to the offense giving rise to the deferred adjudication on or after: (1) the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor other than a misdemeanor described by Subdivision (2); (2) the fifth anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46, Penal Code; or (3) the 10th anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a felony. (e) A person is entitled to the benefit provided under Subsection (d) only if during the applicable period described by Subsection (d)(1), (2), or (3), as appropriate, the person is not convicted of or placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, for any offense other than an offense under the Transportation Code punishable by fine only. A person is not entitled to the benefit provided under Subsection (d) during any period in which the person is required to register as a sex offender under Chapter 62, Code of Criminal Procedure. (f) For purposes of Subsection (d), a person is considered to have been placed on deferred adjudication community supervision if, regardless of the statutory authorization: (1) the person entered a plea of guilty or nolo contendere; (2) the person was placed under the supervision of the court or an officer under the supervision of the court; and (3) at the end of the period of supervision the judge dismissed the proceedings and discharged the person. SECTION 2. Subchapter C, Chapter 552, Government Code, is amended by adding Section 552.142 to read as follows: Sec. 552.142. EXCEPTION: RECORDS OF CERTAIN DEFERRED ADJUDICATIONS. (a) Subject to the dates provided by Subsection (b) and the requirements of Subsection (c), information is excepted from the requirements of Section 552.021 if the information relates to an arrest and the prosecution of an offense for which a person is placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, and subsequently receives a discharge and dismissal under Section 5(c), Article 42.12. (b) The exception provided by Subsection (a) for information related to an arrest and the prosecution of an offense for which a person is placed on deferred adjudication is available only on or after: (1) the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor other than a misdemeanor described by Subdivision (2); (2) the fifth anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46, Penal Code; or (3) the 10th anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a felony. (c) A person is entitled to the benefit provided under Subsection (a) only if during the applicable period described by Subsection (b)(1), (2), or (3), as appropriate, the person is not convicted of or placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, for any offense other than an offense under the Transportation Code punishable by fine only. A person is not entitled to the benefit provided under Subsection (a) during any period in which the person is required to register as a sex offender under Chapter 62, Code of Criminal Procedure. (d) For purposes of Subsections (a) and (b), a person is considered to have been placed on deferred adjudication community supervision if, regardless of the statutory authorization: (1) the person entered a plea of guilty or nolo contendere; (2) the person was placed under the supervision of the court or an officer under the supervision of the court; and (3) at the end of the period of supervision the judge dismissed the proceedings and discharged the person. (e) A person who is the subject of information that is excepted under this section from the requirements of Section 552.021 may deny the occurrence of the arrest and prosecution to which the information relates and the exception of the information under this section, unless the information is being used against the person in a subsequent criminal proceeding. SECTION 3. The change in law made by this Act applies to information related to a deferred adjudication or similar procedure described by Section 411.081(f), Government Code, as added by this Act, regardless of whether the deferred adjudication or procedure is entered before, on, or after the effective date of this Act. SECTION 4. This Act takes effect September 1, 2003.