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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; creating an |
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offense. |
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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 community supervision, including deferred |
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adjudication community supervision, under [Section 5,] Article |
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42.12, Code of Criminal Procedure, successfully completes the |
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period of community supervision or [subsequently] receives a |
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discharge and dismissal under Section 5(c), Article 42.12, Code of |
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Criminal Procedure, as applicable, and satisfies the requirements |
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of Subsection (e), the person may petition the court that placed the |
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person [defendant] on community supervision [deferred
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adjudication] for an order of nondisclosure under this subsection. |
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Except as provided by Subsection (e), a person may petition the |
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court under this subsection regardless of whether the person has |
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been previously placed on [deferred adjudication] community |
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supervision for another offense. After notice to the state and a |
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hearing on whether the person is entitled to file the petition and |
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issuance of the order is in the best interest of justice, the court |
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shall issue an order prohibiting criminal justice agencies from |
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disclosing to the public criminal history record information |
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related to the offense giving rise to the community supervision |
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[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 date on which the period of community |
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supervision expires or, for a person who was placed on deferred |
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adjudication community supervision, the date on which the |
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proceedings are dismissed and the person is discharged under |
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Section 5(c), Article 42.12 [the discharge and dismissal], if the |
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offense for which the person was placed on community supervision |
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[deferred adjudication] was a misdemeanor other than a misdemeanor |
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described by Subdivision (2); |
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(2) the second anniversary of the date described by |
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Subdivision (1) [discharge and dismissal], if the offense for which |
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the person was placed on community supervision [deferred
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adjudication] was a misdemeanor under Chapter 20, 21, 22, 25, 42, or |
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46, Penal Code; or |
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(3) the fifth anniversary of the date described by |
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Subdivision (1) [discharge and dismissal], if the offense for which |
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the person was placed on community supervision [deferred
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adjudication] was a felony. |
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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. Chapter 39, Penal Code, is amended by adding |
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Section 39.07 to read as follows: |
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Sec. 39.07. PROHIBITED COMPILATION OR DISSEMINATION OF |
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CRIMINAL HISTORY RECORD INFORMATION. (a) A person commits an |
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offense if, with intent to obtain a benefit or with intent to harm |
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or defraud another, the person compiles or disseminates criminal |
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history record information that the person knows is the subject of |
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an order of nondisclosure issued under Section 411.081, Government |
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Code. |
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(b) An offense under this section is a Class A misdemeanor. |
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(c) It is a defense to prosecution under this section that |
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the person compiled or disseminated the information for a purpose |
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described by Section 411.083(a) or (b)(1), (2), or (3), Government |
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Code, or another purpose specifically authorized by law. |
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SECTION 4. The change in law made by this Act to Section |
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411.081(d), Government Code, applies to criminal history record |
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information related to the placement of a person on community |
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supervision regardless of whether the community supervision was |
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ordered before, on, or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |