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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain criminal defendants for an |
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order of nondisclosure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.081, Government Code, is amended by |
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amending Subsections (d) and (e) and adding Subsection (e-1) to |
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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 deferred adjudication community |
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supervision under Section 5, Article 42.12, Code of Criminal |
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Procedure, subsequently receives a discharge and dismissal under |
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Section 5(c), Article 42.12, and satisfies the requirements of |
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Subsection (e) and, if applicable, Subsection (e-1), the person may |
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petition the court that placed the defendant on 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 deferred adjudication. A |
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criminal justice agency may disclose criminal history record |
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information that is the subject of the order only to other criminal |
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justice agencies, for criminal justice or regulatory licensing |
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purposes, an agency or entity listed in Subsection (i), or the |
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person who is the subject of the order. A person may petition the |
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court that placed the person on deferred adjudication for an order |
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of nondisclosure on payment of a $28 fee to the clerk of the court in |
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addition to any other fee that generally applies to the filing of a |
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civil petition. The payment may be made only on or after: |
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(1) the discharge and dismissal, if the offense for |
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which the person was placed on deferred adjudication was a |
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misdemeanor other than a misdemeanor described by Subdivision (2); |
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(2) the second anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a misdemeanor under Chapter 20, 21, 22, |
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25, 42, or 46, Penal Code; [or] |
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(3) the fifth anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a felony, except as provided by |
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Subdivision (4); or |
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(4) the 10th anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was an offense under Section 21.11 or 22.011, |
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Penal Code, and the person satisfies the requirements of Subsection |
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(e-1). |
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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), or (4), as |
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appropriate, the person is not convicted of or placed on deferred |
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adjudication community supervision under Section 5, Article 42.12, |
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Code of Criminal Procedure, for any offense other than an offense |
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under the Transportation Code punishable by fine only. A person is |
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not entitled to petition the court under Subsection (d) if the |
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person was placed on the deferred adjudication community |
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supervision for or has been previously convicted or placed on any |
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other deferred 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, except as |
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otherwise provided by Subsection (e-1); |
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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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(e-1) A person is entitled to petition the court under |
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Subsection (d) if the person, after having been placed on deferred |
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adjudication community supervision for an offense under Section |
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21.11 or 22.011, Penal Code, satisfies the requirements of |
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Subsection (e), provided that: |
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(1) the person has not been previously convicted or |
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placed on any other deferred adjudication for an offense described |
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by Subsection (e)(1), (2), (3), or (4), including an offense under |
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Section 21.11 or 22.011, Penal Code; |
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(2) at the time the plea was entered, state law |
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provided that the registration requirements under Chapter 62, Code |
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of Criminal Procedure, would not apply to the person after the |
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applicable period of supervision was terminated; |
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(3) the offense was based solely on the ages of the |
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person and the victim at the time of the offense; |
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(4) at the time of the offense, the person was not more |
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than four years older than the victim and the victim was at least 13 |
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years of age; and |
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(5) the victim cannot be located after reasonable |
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diligence or is otherwise unavailable at the time of the petition |
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or, if available, filed with the court an affidavit stating that the |
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victim has no objection to the court granting the petition or is |
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neutral as to whether the court grants the petition. |
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SECTION 2. The change in law made by this Act in amending |
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Section 411.081, Government Code, applies to a person who petitions |
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the court for an order of nondisclosure on or after the effective |
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date of this Act, regardless of whether the person is placed on |
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deferred adjudication community supervision before, on, or after |
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that date. |
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SECTION 3. This Act takes effect September 1, 2009. |
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