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A BILL TO BE ENTITLED
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AN ACT
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relating to the consequences of successfully completing a term of |
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deferred adjudication community supervision with respect to the |
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expunction or use of certain criminal history records and files. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (e) to |
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read as follows: |
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(b) Except as provided by Subsection (c) [of this section], |
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a district court may expunge all records and files relating to the |
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arrest of a person who has been arrested for commission of a felony |
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or misdemeanor under the procedure established under Article 55.02 |
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[of this code] if the person [is]: |
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(1) is tried for the offense for which the person was |
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arrested,[;
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[(2)] is convicted of the offense,[;] and |
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[(3)] is acquitted by the court of criminal appeals; |
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or |
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(2) is placed on deferred adjudication community |
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supervision under Section 5, Article 42.12, for the offense for |
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which the person was arrested and meets the requirements of |
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Subsection (e). |
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(e) A person is eligible for an expunction under Subsection |
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(b)(2) if the person: |
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(1) meets the requirements to be eligible for an order |
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of nondisclosure under Section 411.081(d), Government Code, with |
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respect to the offense for which the person was arrested and placed |
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on deferred adjudication community supervision, regardless of |
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whether, with respect to that offense, an order of nondisclosure |
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was previously issued to the person or the person previously |
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petitioned the court for an order of nondisclosure; |
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(2) with respect to the offense for which the person |
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was arrested and placed on deferred adjudication community |
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supervision, petitions the court for an order of expunction under |
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Article 55.02 only on or after: |
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(A) the second anniversary of the discharge and |
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dismissal, if the offense was a misdemeanor described by Section |
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411.081(d)(1), Government Code; |
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(B) the fourth anniversary of the discharge and |
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dismissal, if the offense was a misdemeanor described by Section |
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411.081(d)(2), Government Code; |
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(C) the eighth anniversary of the discharge and |
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dismissal, if the offense was a state jail felony; or |
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(D) the 10th anniversary of the discharge and |
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dismissal, if the offense was a felony other than a state jail |
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felony; and |
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(3) during the period of deferred adjudication |
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community supervision for the offense and during the applicable |
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period described by Subdivision (2), is not convicted of or placed |
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on deferred adjudication community supervision for any offense |
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other than an offense under the Transportation Code punishable by |
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fine only. |
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SECTION 2. Section 53.021, Occupations Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) Except as provided by Subsections (d) and (e), |
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notwithstanding any other law, a licensing authority may not |
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consider a person to have been convicted of an offense for purposes |
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of this section if, regardless of the statutory authorization: |
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(1) the person entered a plea of guilty or nolo |
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contendere; |
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(2) the judge deferred further proceedings without |
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entering an adjudication of guilt and placed the person under the |
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supervision of the court or an officer under the supervision of the |
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court; and |
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(3) at the end of the period of supervision, the judge |
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dismissed the proceedings and discharged the person. |
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(d) A licensing authority may consider a person to have been |
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convicted of an offense for purposes of this section regardless of |
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whether the proceedings were dismissed and the person was |
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discharged as described by Subsection (c) if, after consideration |
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of the factors described by Sections 53.022 and 53.023(a), the |
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licensing authority determines that: |
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(1) the person may pose a continued threat to public |
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safety; or |
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(2) employment of the person in the licensed |
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occupation would create a situation in which the person has an |
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opportunity to repeat the prohibited conduct. |
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(e) Subsection (c) does not apply if the person is an |
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applicant for or the holder of a license that authorizes the person |
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to provide law enforcement or public health, education, or safety |
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services. |
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SECTION 3. The change in law made by this Act to Article |
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55.01, Code of Criminal Procedure, applies to a person who, on or |
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after the effective date of this Act, seeks expunction of records |
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and files relating to an arrest, regardless of whether the arrest |
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occurred before, on, or after the effective date of this Act. |
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SECTION 4. 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, 2009. |
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* * * * * |