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A BILL TO BE ENTITLED
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AN ACT
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relating to a person's eligibility to apply for an order of |
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nondisclosure with respect to certain criminal history records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.081(d), Government Code, is amended |
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to read as follows: |
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(d) Notwithstanding any other provision of this subchapter, |
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if a person is placed on deferred adjudication community |
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supervision under Section 5, Article 42.12, Code of Criminal |
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Procedure, subsequently receives a discharge and dismissal under |
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Section 5(c), Article 42.12, and satisfies the requirements of |
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Subsection (e), the person may petition the court that placed the |
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defendant on deferred adjudication for an order of nondisclosure |
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under this subsection. Except as provided by Subsection (e), a |
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person may petition the court under this subsection regardless of |
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whether the person has been previously placed on deferred |
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adjudication community supervision for another offense. After |
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notice to the state and a hearing on whether the person is entitled |
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to file the petition and issuance of the order is in the best |
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interest of justice, the court shall issue an order prohibiting |
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criminal justice agencies from disclosing to the public criminal |
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history record information related to the offense giving rise to |
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the deferred adjudication. A criminal justice agency may disclose |
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criminal history record information that is the subject of the |
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order only to other criminal justice agencies, for criminal justice |
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or regulatory licensing purposes, an agency or entity listed in |
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Subsection (i), or the person who is the subject of the order. A |
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person may petition the court that placed the person on deferred |
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adjudication for an order of nondisclosure on payment of a $28 fee |
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to the clerk of the court in addition to any other fee that |
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generally applies to the filing of a civil petition. The payment |
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may be made only on or after: |
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(1) the discharge and dismissal, if the offense for |
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which the person was placed on deferred adjudication was a |
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misdemeanor [other than a misdemeanor described by Subdivision (2);
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[(2) the second anniversary of the discharge and
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dismissal, if the offense for which the person was placed on
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deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
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25, 42, or 46, Penal Code]; or |
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(2) [(3)] the fifth anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a felony. |
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SECTION 2. The change in law made by this Act applies to |
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criminal history record information related to a person placed on |
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deferred adjudication community supervision for an offense |
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regardless of whether the person is placed on deferred adjudication |
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before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |