79R3638 PEP-D

By:  Dutton                                                       H.B. No. 697



A BILL TO BE ENTITLED

AN ACT

relating to a person's eligibility to apply for an order of 
nondisclosure with respect to certain criminal history records.
	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 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), the person may petition the court that placed the 
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 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 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
		(2) [(3)]  the fifth [10th] anniversary of the 
discharge and dismissal, if the offense for which the person was 
placed on deferred adjudication was a felony.
	SECTION 2.  The change in law made by this Act applies to 
criminal history record information related to a person placed on 
deferred adjudication community supervision for an offense 
regardless of whether the person is placed on deferred adjudication 
before, on, or after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.