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A BILL TO BE ENTITLED
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AN ACT
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relating to orders of nondisclosure for the records of children |
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convicted of certain offenses punishable by fine only. |
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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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adding Subsection (f-1) to read as follows: |
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(f-1) In this subsection, "child" has the meaning assigned |
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by Section 51.02, Family Code. Notwithstanding any other provision |
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of this subchapter, on conviction of a child for a misdemeanor |
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offense punishable by fine only that does not constitute conduct |
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indicating a need for supervision under Section 51.03, Family Code, |
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the convicting court shall immediately issue an order prohibiting |
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criminal justice agencies from disclosing to the public criminal |
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history record information related to the offense. A criminal |
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justice agency may disclose criminal history record information |
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that is the subject of the order only to other criminal justice |
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agencies for criminal justice or regulatory licensing purposes, to |
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an agency or entity listed in Subsection (i), or to the person who |
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is the subject of the order. |
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SECTION 2. Section 411.0851(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information shall destroy and |
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may not disseminate any information in the possession of the entity |
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with respect to which the entity has received notice that: |
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(1) an order of expunction has been issued under |
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Article 55.02, Code of Criminal Procedure; or |
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(2) an order of nondisclosure has been issued under |
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Section 411.081(d) or (f-1). |
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SECTION 3. 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 DEFERRED |
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ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY. |
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SECTION 4. Section 552.142(a), Government Code, is amended |
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to read as follows: |
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(a) Information is excepted from the requirements of |
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Section 552.021 if an order of nondisclosure with respect to the |
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information has been issued under Section 411.081(d) or (f-1). |
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SECTION 5. Section 552.1425(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information may not compile or |
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disseminate information with respect to which the entity has |
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received notice that: |
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(1) an order of expunction has been issued under |
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Article 55.02, Code of Criminal Procedure; or |
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(2) an order of nondisclosure has been issued under |
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Section 411.081(d) or (f-1). |
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SECTION 6. The change in law made by this Act applies to a |
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conviction that occurs on or after the effective date of this Act, |
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regardless of whether the offense was committed before, on, or |
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after the effective date of this Act. |
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SECTION 7. Notwithstanding Section 6 of this Act, a child, |
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as that term is defined by Section 51.02, Family Code, who is |
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convicted of a misdemeanor offense punishable by fine only that |
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does not constitute conduct indicating a need for supervision under |
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Section 51.03, Family Code, before the effective date of this Act |
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may petition the court for an order of nondisclosure, and the court |
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shall issue the order under Section 411.081(f-1), Government Code, |
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as added by this Act. |
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SECTION 8. This Act takes effect September 1, 2009. |