80R8858 PEP-D

By: Thompson H.B. No. 2574

A BILL TO BE ENTITLED

AN ACT

relating to restrictions on the disclosure of certain criminal history records and to the duty of law enforcement agencies regarding records associated with certain defendants.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 411.081(d) and (e), Government Code, are amended to read as follows:

(d) Notwithstanding any other provision of this subchapter, if a person successfully completes the terms of any sentence imposed on conviction, including any period of community supervision, or fulfills the conditions of the person's placement [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), and is not the subject of any pending criminal charge, the person may petition the court that convicted the person or placed the person [defendant] on deferred adjudication for an order of nondisclosure under this subsection. Except as provided by Subsection (e), a person may petition the court under this subsection regardless of whether the person has been previously convicted of or placed on deferred adjudication community supervision for another offense. 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 conviction or deferred adjudication. A criminal justice agency may disclose criminal history record information that is the subject of the order only to other criminal justice agencies, for criminal justice or regulatory licensing purposes, an agency or entity listed in Subsection (i), or the person who is the subject of the order. A person may petition the court that convicted the person or placed the person on deferred adjudication for an order of nondisclosure on payment of a $28 fee to the clerk of the court in addition to any other fee that generally applies to the filing of a civil petition. The payment may be made only on or after:

(1) the date of the discharge and dismissal, if the [offense for which the] person was placed on deferred adjudication for [was] a misdemeanor other than a misdemeanor described by Subdivision (2);

(2) the second anniversary of the date of the discharge and dismissal, if the [offense for which the] person was placed on deferred adjudication for [was] a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46, Penal Code; [or]

(3) the fifth anniversary of:

(A) the date the person successfully completes the terms of the sentence imposed on conviction, including any period of community supervision, if the person was convicted of a misdemeanor; or

(B) the date of the discharge and dismissal, if the [offense for which the] person was placed on deferred adjudication for [was] a felony; or

(4) the 10th anniversary of the date the person successfully completes the terms of the sentence imposed on conviction, including any period of community supervision, if the person was convicted of a felony.

(e) A person is entitled to petition the court under Subsection (d) only if during the applicable period described by Subsection (d)(1), (2), [or] (3), or (4), as appropriate, the person is not convicted of or placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, for any offense other than an offense under the Transportation Code punishable by fine only. A person is not entitled to petition the court under Subsection (d) if the person has been previously convicted or placed on deferred adjudication for:

(1) an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;

(2) an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure;

(3) an offense under Section 19.02, 19.03, 22.04, 22.041, 25.07, or 42.072, Penal Code, or an offense under Sections 49.04-49.08 of that code; [or]

(4) an offense for which punishment may be increased under Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it is shown that the person has been previously convicted of an offense for which punishment was increased under any one of those subsections; or

(5) any other offense involving family violence, as defined by Section 71.004, Family Code.

SECTION 2. The heading to Section 552.142, Government Code, is amended to read as follows:

Sec. 552.142. EXCEPTION: [RECORDS OF] CERTAIN CRIMINAL HISTORY RECORDS [DEFERRED ADJUDICATIONS].

SECTION 3. The heading to Section 552.1425, Government Code, is amended to read as follows:

Sec. 552.1425. CIVIL PENALTY: [RECORDS OF] CERTAIN CRIMINAL HISTORY RECORDS [DEFERRED ADJUDICATIONS].

SECTION 4. (a) The change in law made by this Act to Section 411.081(d), Government Code, applies to criminal history record information related to a person convicted of or placed on deferred adjudication community supervision for an offense regardless of whether the conviction is entered or the person is placed on deferred adjudication before, on, or after the effective date of this Act.

(b) The change in law made by this Act to Section 411.081(e), Government Code, applies only to a person who files a petition for an order of nondisclosure on or after the effective date of this Act. A person who files a petition for an order of nondisclosure before the effective date of this Act is covered by the law in effect at the time the petition is filed, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2007.