| TO: | Honorable Jeff Wentworth, Chair, Senate Committee on Jurisprudence |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | SB1071 by West, Royce (Relating to a person's eligibility for an order of nondisclosure with respect to certain criminal history records and to certain law enforcement duties that result from the issuance of an order.), As Introduced |
The bill would amend the Government Code as it relates to a person's eligibility for an order of nondisclosure with respect to certain criminal history records and to certain law enforcement duties that result from the issuance of an order.
The bill would allow persons placed on deferred adjudication community supervision that subsequently receive a discharge and dismissal to petition the court that placed the defendant on deferred adjudication for an order of nondisclosure, regardless of whether the person has been previously convicted or placed on deferred adjudication community supervision for an offense. Under current law, persons with previous convictions and deferred adjudications are not eligible.
The bill also modifies the eligibility and payment dates and requires the Department of Public Safety (DPS) to send a copy of the order by mail or electronic means to all private entities that purchase criminal history record information from DPS, in addition to law enforcement agencies and federal depositories. A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure to certain noncriminal justice agencies or entities only.
The bill instructs DPS not to release criminal history record information to entities that have purchased the information and violated Government Code, Section 552.1425, five or more time, until the first anniversary of the date of the most recent violation.
DPS estimates that system modifications would costs $28,500 in fiscal year 2006; however, it is assumed this can be accomplished within existing resources.
The bill would take effect September 1, 2005.
| Source Agencies: | 405 Department of Public Safety
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| LBB Staff: | JOB, LB, VDS, SJ, KJG
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