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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the disclosure of certain criminal |
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history records and to the duty of law enforcement agencies |
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regarding records associated with certain defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 411.081(d) and (e), Government Code, |
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are amended to read as follows: |
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(d) Notwithstanding any other provision of this subchapter, |
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if a person successfully completes the terms of any sentence |
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imposed on conviction, including any period of community |
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supervision, or fulfills the conditions of the person's placement |
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[is placed] on deferred adjudication community supervision, [under
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Section 5, Article 42.12, Code of Criminal Procedure, subsequently
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receives a discharge and dismissal under Section 5(c), Article
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42.12, and] satisfies the requirements of Subsection (e), and is |
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not the subject of any pending criminal charge, the person may |
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petition the court that convicted the person or placed the person |
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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 convicted of or placed on |
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deferred adjudication community supervision for another offense. |
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After notice to the state and a hearing on whether the person is |
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entitled to file the petition and issuance of the order is in the |
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best interest of justice, the court shall issue an order |
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prohibiting criminal justice agencies from disclosing to the public |
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criminal history record information related to the offense giving |
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rise to the conviction or deferred adjudication. A criminal |
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justice agency may disclose criminal history record information |
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that is the subject of the order only to other criminal justice |
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agencies, for criminal justice or regulatory licensing purposes, an |
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agency or entity listed in Subsection (i), or the person who is the |
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subject of the order. A person may petition the court that |
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convicted the person or placed the person on deferred adjudication |
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for an order of nondisclosure on payment of a $28 fee to the clerk of |
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the court in addition to any other fee that generally applies to the |
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filing of a civil petition. The payment may be made only on or |
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after: |
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(1) the date of the discharge and dismissal, if the |
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[offense for which the] person was placed on deferred adjudication |
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for [was] a misdemeanor other than a misdemeanor described by |
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Subdivision (2); |
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(2) the second anniversary of the date of the |
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discharge and dismissal, if the [offense for which the] person was |
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placed on deferred adjudication for [was] a misdemeanor under |
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Chapter 20, 21, 22, 25, 42, or 46, Penal Code; [or] |
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(3) the fifth anniversary of: |
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(A) the date the person successfully completes |
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the terms of the sentence imposed on conviction, including any |
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period of community supervision, if the person was convicted of a |
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misdemeanor; or |
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(B) the date of the discharge and dismissal, if |
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the [offense for which the] person was placed on deferred |
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adjudication for [was] a felony; or |
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(4) the 10th anniversary of the date the person |
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successfully completes the terms of the sentence imposed on |
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conviction, including any period of community supervision, if the |
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person was convicted of a felony. |
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(e) A person is entitled to petition the court under |
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Subsection (d) only if during the applicable period described by |
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Subsection (d)(1), (2), [or] (3), or (4), as appropriate, the |
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person is not convicted of or placed on deferred adjudication |
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community supervision under Section 5, Article 42.12, Code of |
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Criminal Procedure, for any offense other than an offense under the |
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Transportation Code punishable by fine only. A person is not |
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entitled to petition the court under Subsection (d) if the person |
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has been previously convicted or placed on deferred adjudication |
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for: |
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(1) an offense requiring registration as a sex |
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offender under Chapter 62, Code of Criminal Procedure; |
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(2) an offense under Section 20.04, Penal Code, |
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regardless of whether the offense is a reportable conviction or |
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adjudication for purposes of Chapter 62, Code of Criminal |
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Procedure; |
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(3) an offense under Section 19.02, 19.03, 22.04, |
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22.041, 25.07, or 42.072, Penal Code, or an offense under Sections |
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49.04-49.08 of that code; [or] |
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(4) an offense for which punishment may be increased |
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under Section 481.134(c), (d), (e), or (f), Health and Safety Code, |
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if it is shown that the person has been previously convicted of an |
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offense for which punishment was increased under any one of those |
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subsections; or |
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(5) any other offense involving family violence, as |
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defined by Section 71.004, Family Code. |
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SECTION 2. The heading to Section 552.142, Government Code, |
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is amended to read as follows: |
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Sec. 552.142. EXCEPTION: [RECORDS OF] CERTAIN CRIMINAL |
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HISTORY RECORDS [DEFERRED ADJUDICATIONS]. |
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SECTION 3. The heading to Section 552.1425, Government |
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Code, is amended to read as follows: |
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Sec. 552.1425. CIVIL PENALTY: [RECORDS OF] CERTAIN |
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CRIMINAL HISTORY RECORDS [DEFERRED ADJUDICATIONS]. |
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SECTION 4. (a) The change in law made by this Act to |
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Section 411.081(d), Government Code, applies to criminal history |
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record information related to a person convicted of or placed on |
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deferred adjudication community supervision for an offense |
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regardless of whether the conviction is entered or the person is |
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placed on deferred adjudication before, on, or after the effective |
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date of this Act. |
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(b) The change in law made by this Act to Section |
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411.081(e), Government Code, applies only to a person who files a |
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petition for an order of nondisclosure on or after the effective |
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date of this Act. A person who files a petition for an order of |
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nondisclosure before the effective date of this Act is covered by |
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the law in effect at the time the petition is filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |