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79R251 PEP-D

By:  Dutton                                                       H.B. No. 433



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; creating an 
offense.
	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 is placed on community supervision, including deferred 
adjudication community supervision, under [Section 5,] Article 
42.12, Code of Criminal Procedure, successfully completes the 
period of community supervision or [subsequently] receives a 
discharge and dismissal under Section 5(c), Article 42.12, as 
applicable, and satisfies the requirements of Subsection (e), the 
person may petition the court that placed the defendant on 
community supervision [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 community supervision
[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)  the date on which the period of community 
supervision expires or, for a person who was placed on deferred 
adjudication community supervision, the date on which the 
proceedings are dismissed and the person is discharged under 
Section 5(c), Article 42.12 [the discharge and dismissal], if the 
offense for which the person was placed on community supervision
[deferred adjudication] was a misdemeanor other than a misdemeanor 
described by Subdivision (2);
		(2)  the fifth anniversary of the date described by 
Subdivision (1) [discharge and dismissal], if the offense for which 
the person was placed on community supervision [deferred 
adjudication] 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 placed on community supervision [deferred 
adjudication] 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.  Chapter 39, Penal Code, is amended by adding 
Section 39.07 to read as follows:
	Sec. 39.07.  PROHIBITED COMPILATION OR DISSEMINATION OF 
CRIMINAL HISTORY RECORD INFORMATION.  (a)  A person commits an 
offense if, with intent to obtain a benefit or with intent to harm 
or defraud another, the person compiles or disseminates criminal 
history record information that the person knows is the subject of 
an order of nondisclosure issued under Section 411.081, Government 
Code.
	(b)  An offense under this section is a Class A misdemeanor.            
	(c)  It is a defense to prosecution under this section that 
the person compiled or disseminated the information for a purpose 
described by Section 411.083(a) or (b)(1), (2), or (3), Government 
Code, or another purpose specifically authorized by law.
	SECTION 5.  The change in law made by this Act to Section 
411.081(d), Government Code, applies to criminal history record 
information related to the placement of a person on community 
supervision regardless of whether the community supervision was 
ordered before, on, or after the effective date of this Act.
	SECTION 6.  This Act takes effect September 1, 2005.