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A BILL TO BE ENTITLED
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AN ACT
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relating to the manner of providing notice of a petition or order |
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for the expunction or nondisclosure of certain criminal records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2(c), Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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(c) The court shall set a hearing on the matter no sooner |
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than thirty days from the filing of the petition and shall give to |
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each official or agency or other entity named in the petition |
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reasonable notice of the hearing by: |
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(1) certified mail, return receipt requested; or |
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(2) [if requested in writing by the petitioner,] |
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secure electronic mail, electronic transmission, or facsimile |
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transmission. |
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SECTION 2. Section 3(c), Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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(c) When the order of expunction is final, the clerk of the |
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court shall send a certified copy of the order to the Crime Records |
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Service of the Department of Public Safety and to each official or |
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agency or other entity of this state or of any political subdivision |
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of this state designated by the person who is the subject of the |
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order. The certified copy of the order must be sent by secure |
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electronic mail, electronic transmission, or facsimile |
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transmission[, if requested in writing by the person who is the
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subject of the order,] or otherwise by certified mail, return |
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receipt requested. In sending the order to an entity designated by |
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the person, the clerk may elect to substitute hand delivery for |
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certified mail under this subsection, but the clerk must receive a |
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receipt for that hand-delivered order. The Department of Public |
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Safety shall notify any central federal depository of criminal |
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records by any means, including secure electronic mail, electronic |
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transmission, or facsimile transmission, of the order with an |
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explanation of the effect of the order and a request that the |
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depository, as appropriate, either: |
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(1) destroy or return to the court the records in |
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possession of the depository that are subject to the order, |
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including any information with respect to the order; or |
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(2) comply with Section 5(f) of this article |
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pertaining to information contained in records and files of a |
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person entitled to expunction under Article 55.01(d). |
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SECTION 3. Section 411.081(g), Government Code, as amended |
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by Chapters 177 and 1309, Acts of the 79th Legislature, Regular |
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Session, 2005, and Section 411.081(g-1), Government Code, as added |
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by Chapters 177 and 1309, Acts of the 79th Legislature, Regular |
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Session, 2005, are reenacted as Sections 411.081(g), (g-1), (g-1a), |
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and (g-1b) and amended to read as follows: |
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(g) Not later than the 15th business day after the date |
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[When an order of nondisclosure is issued under this subsection,
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the clerk of the court shall send to the Crime Records Service of
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the Department of Public Safety a copy of the order by:
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[(1)certified mail, return receipt requested; or
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[(2) if requested in writing by the petitioner, secure
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electronic mail or facsimile transmission.
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[(g)When] an order of nondisclosure is issued under this |
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section, the clerk of the court shall send all relevant criminal |
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history record information contained in the order or a copy of the |
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order by certified mail, return receipt requested, or secure |
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electronic mail, electronic transmission, or facsimile |
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transmission to the Crime Records Service of the Department of |
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Public Safety. |
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(g-1) Not later than 10 business days after receipt of an |
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[the] order or relevant criminal history record information |
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contained in an order under Subsection (g), the Department of |
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Public Safety shall seal any criminal history record information |
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maintained by the department that is the subject of the order. The |
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department shall also send all relevant criminal history record |
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information contained in the order or a copy of the order by |
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certified mail, return receipt requested, or secure electronic |
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mail, electronic transmission, or facsimile transmission [means] |
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to all: |
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(1) law enforcement agencies, jails or other detention |
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facilities, magistrates, courts, prosecuting attorneys, |
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correctional facilities, central state depositories of criminal |
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records, and other officials or agencies or other entities of this |
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state or of any political subdivision of this state; |
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(2) central federal depositories of criminal records |
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that there is reason to believe have criminal history record |
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information that is the subject of the order; and |
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(3) private entities that purchase criminal history |
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record information from the department. |
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(g-1a) The director shall adopt rules regarding minimum |
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standards for the security of secure electronic mail, electronic |
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transmissions, and facsimile transmissions under Subsections (g) |
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and (g-1). In adopting rules under this subsection, the director |
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shall consult with the Office of Court Administration of the Texas |
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Judicial System. |
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(g-1b) [(g-1) The Department of Public Safety shall send a
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copy of the order by mail or secure electronic mail or facsimile
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transmission to all law enforcement agencies, jails or other
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detention facilities, magistrates, courts, prosecuting attorneys,
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correctional facilities, central state depositories of criminal
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records, and other officials or agencies or other entities of this
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state or of any political subdivision of this state, and to all
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central federal depositories of criminal records that there is
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reason to believe have criminal history record information that is
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the subject of the order.
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[(g-1)] Not later than 30 business days after receipt of |
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relevant criminal history record information contained in an order |
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or an order from the Department of Public Safety under Subsection |
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(g-1) [(g)], an individual or entity described by Subsection (g-1) |
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[(g)(1)] shall seal any criminal history record information |
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maintained by the individual or entity that is the subject of the |
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order. |
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SECTION 4. (a) The change in law made by this Act to Article |
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55.02, Code of Criminal Procedure, applies to a person seeking |
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expunction of records and files relating to an arrest regardless of |
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whether the arrest occurred before, on, or after the effective date |
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of this Act. |
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(b) The change in law made by this Act to Section 411.081, |
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Government Code, applies to information related to a deferred |
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adjudication or similar procedure described by Subsection (f) of |
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that section, regardless of whether the deferred adjudication or |
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procedure is entered before, on, or after the effective date of this |
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Act. |
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(c) Not later than January 1, 2008, the Department of Public |
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Safety shall adopt rules concerning the standards for secure |
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electronic mail, electronic transmissions, and facsimile |
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transmissions as required by Section 411.081, Government Code, as |
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amended by this Act. |
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(d) Not later than June 1, 2008, a court that issues and |
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transmits orders of nondisclosure as described by Section 411.081, |
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Government Code, as amended by this Act, and the Crime Records |
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Service of the Department of Public Safety must comply with the |
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secure electronic mail, electronic transmission, and facsimile |
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transmission standards adopted by the Department of Public Safety |
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under Section 411.081, Government Code. |
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SECTION 5. This Act takes effect September 1, 2007. |