79R432 PEP-D

By:  Rodriguez                                                    H.B. No. 88 



A BILL TO BE ENTITLED

AN ACT

relating to restrictions on the disclosure of certain criminal 
history records and to the duty of law enforcement agencies 
regarding records associated with certain defendants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 411.081(d), Government Code, is amended 
to read as follows:
	(d)  Notwithstanding any other provision of this subchapter, 
if a person successfully completes the terms of any sentence 
imposed on conviction, including any period of community 
supervision, or fulfills the conditions of the person's placement
[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), and is 
not the subject of any pending criminal charge, the person may 
petition the court that convicted the person or placed the person
[defendant] on deferred adjudication for an order of nondisclosure 
under this subsection.  After notice to the state and a hearing on 
whether the person is entitled to file the petition and issuance of 
the order is in the best interest of justice, the court shall issue 
an order prohibiting criminal justice agencies from disclosing to 
the public criminal history record information related to the 
offense giving rise to the conviction or deferred adjudication.  A 
criminal justice agency may disclose criminal history record 
information that is the subject of the order to an individual or 
agency described by Section 411.083(b)(1), (2), or (3).  A person 
may petition the court for an order of nondisclosure on payment of a 
$28 fee to the clerk of the court.  The payment may be made only on 
or after:
		(1)  if the person was convicted of or placed on 
deferred adjudication for [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), the date on which:
			(A)  the person successfully completes the terms 
of the sentence imposed on conviction, including any period of 
community supervision; or
			(B)  for a person who was placed on deferred 
adjudication, the proceedings are dismissed and the person is 
discharged under Section 5(c), Article 42.12, Code of Criminal 
Procedure;
		(2)  the fifth anniversary of the date described by 
Subdivision (1) [discharge and dismissal], if [the offense for 
which] the person was convicted of or placed on deferred 
adjudication for [was] a misdemeanor under Chapter 20, 21, 22, 25, 
42, or 46, Penal Code; or
		(3)  the 10th anniversary of the date described by 
Subdivision (1) [discharge and dismissal], if [the offense for 
which] the person was convicted of or placed on deferred 
adjudication for [was] a felony.
	SECTION 2.  The heading to Section 552.142, Government Code, 
is amended to read as follows:
	Sec. 552.142.  EXCEPTION:  [RECORDS OF] CERTAIN CRIMINAL 
HISTORY RECORDS [DEFERRED ADJUDICATIONS].
	SECTION 3.  The heading to Section 552.1425, Government 
Code, is amended to read as follows:
	Sec. 552.1425.  CIVIL PENALTY:  [RECORDS OF] CERTAIN 
CRIMINAL HISTORY RECORDS [DEFERRED ADJUDICATIONS].
	SECTION 4.  The change in law made by this Act to Section 
411.081(d), Government Code, applies to criminal history record 
information related to a person convicted of or placed on deferred 
adjudication community supervision for an offense regardless of 
whether the conviction is entered or the person is placed on 
deferred adjudication before, on, or after the effective date of 
this Act.
	SECTION 5.  This Act takes effect September 1, 2005.