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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 for an order of nondisclosure of |
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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(e), Government Code, is amended |
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to read as follows: |
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(e) A person is entitled to petition the court under |
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Subsection (d) only if during the period of the deferred |
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adjudication community supervision for which the order of |
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nondisclosure is requested and during the applicable period |
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described by Subsection (d)(1), (2), or (3), 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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was placed on the deferred adjudication community supervision for |
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or has been previously convicted or placed on any other deferred |
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adjudication 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 |
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(4) any other offense involving family violence, as |
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defined by Section 71.004, Family Code. |
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SECTION 2. Section 411.081(e), Government Code, as amended |
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by this Act for purposes of clarification, applies to any person who |
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on or after the effective date of this Act petitions the court for |
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an order of nondisclosure under Section 411.081(d), Government |
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Code, regardless of whether the order of nondisclosure was |
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requested for conduct occurring before, on, or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |