79R6749 PEP-F

By:  Dunnam                                                       H.B. No. 3346



A BILL TO BE ENTITLED

AN ACT

relating to the procedures for issuance of 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 5, Article 42.12, Code of Criminal 
Procedure, is amended by adding Subsection (c-1) and amending 
Subsection (f) to read as follows:
	(c-1) On a dismissal and discharge under Subsection (c), the 
judge shall determine whether the defendant is eligible for an 
order of nondisclosure under Section 411.081, Government Code.  If 
the defendant is eligible for an order of nondisclosure, without 
requiring the defendant to file a petition and without holding a 
separate hearing on the matter, the judge may include in the order 
of dismissal and discharge an order of nondisclosure otherwise 
consistent with the requirements of Section 411.081, Government 
Code.  The order of nondisclosure must be included in the order of 
dismissal and discharge as a separate and final paragraph and must 
be clearly identified as an order of nondisclosure.  The clerk of 
the court may charge a fee in an amount equal to the fee required for 
filing a petition under Section 411.081, Government Code, for 
sending a copy of the order to the Department of Public Safety and 
otherwise ensuring compliance with Section 411.081, Government 
Code.  The Department of Public Safety shall include in its report 
to the legislature under Section 411.081(h), Government Code, 
information on the number of orders of nondisclosure received by 
the department that were issued under this subsection.
	(f)  Unless an order of nondisclosure has been issued with 
respect to the record, a [A] record in the custody of the court 
clerk regarding a case in which a person is granted deferred 
adjudication is not confidential.
	SECTION 2.  This Act takes effect September 1, 2005.