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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of certain criminal history record |
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information subject to an order of nondisclosure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 411.081(d) and (f-1), Government Code, |
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are amended 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 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), the person may petition the court that placed the |
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defendant on deferred adjudication for an order of nondisclosure |
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under this subsection. Except as provided by Subsection (e), a |
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person may petition the court under this subsection regardless of |
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whether the person has been previously placed on deferred |
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adjudication community supervision for another offense. After |
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notice to the state and a hearing on whether the person is entitled |
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to file the petition and issuance of the order is in the best |
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interest of justice, the court shall 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 giving rise to |
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the 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 |
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justice or regulatory licensing purposes[, an agency or entity
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listed in Subsection (i),] or to the person who is the subject of |
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the order. A person may petition the court that placed the person |
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on deferred adjudication for an order of nondisclosure on payment |
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of a $28 fee to the clerk of the court in addition to any other fee |
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that generally applies to the filing of a civil petition. The |
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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. |
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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 |
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provision of this subchapter, on conviction of a child for a |
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misdemeanor offense punishable by fine only that does not |
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constitute conduct indicating a need for supervision under Section |
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51.03, Family Code, the convicting court shall immediately issue an |
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order prohibiting criminal justice agencies from disclosing to the |
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public criminal history record information related to the |
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offense. A criminal justice agency may disclose criminal history |
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record information that is the subject of the order only to other |
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criminal justice agencies for criminal justice purposes[, to an
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agency or entity listed in Subsection (j),] or to the person who is |
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the subject of the order. |
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SECTION 2. Section 53.021(e), Occupations Code, is amended |
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to read as follows: |
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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: |
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(1) law enforcement or public health, education, or |
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safety services; or |
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(2) financial services in an industry regulated by the |
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securities commissioner, the banking commissioner, the savings and |
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mortgage lending commissioner, or the credit union commissioner [a
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person listed in Section 411.081(i)(19), Government Code]. |
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SECTION 3. The following are repealed: |
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(1) Section 411.081(i), Government Code, as amended by |
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Chapters 183 (H.B. 1830), 780 (S.B. 1056), 816 (S.B. 1599), and 1027 |
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(H.B. 4343), Acts of the 81st Legislature, Regular Session, 2009; |
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and |
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(2) Section 411.081(j), Government Code. |
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SECTION 4. The change in law made by this Act to Section |
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411.081, Government Code, applies to the disclosure on or after the |
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effective date of this Act of criminal history record information |
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that is the subject of an order of nondisclosure, regardless of |
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whether the order is issued before, on, or after the effective date |
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of this Act. |
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SECTION 5. This Act takes effect September 1, 2011. |