By: Johnson (Senate Sponsor - West) H.B. No. 1106
         (In the Senate - Received from the House April 18, 2011;
  April 20, 2011, read first time and referred to Committee on
  Criminal Justice; May 12, 2011, reported favorably by the
  following vote:  Yeas 7, Nays 0; May 12, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to providing certain information to a criminal defendant
  at the time the defendant is placed on deferred adjudication
  community supervision and at the time of the dismissal of certain
  proceedings against the defendant.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 5, Article 42.12, Code of Criminal
  Procedure, is amended by adding Subsections (a-1) and (c-1) to read
  as follows:
         (a-1)  Before placing a defendant on deferred adjudication
  community supervision under this section, the court shall inform
  the defendant of the defendant's right to petition the court for an
  order of nondisclosure under Section 411.081, Government Code,
  unless the defendant is ineligible to pursue that right because of:
               (1)  the nature of the offense for which the defendant
  is placed on deferred adjudication community supervision; or
               (2)  the defendant's criminal history.
         (c-1)  A judge who dismisses the proceedings against a
  defendant and discharges the defendant under Subsection (c) shall:
               (1)  provide the defendant with a copy of the order of
  dismissal and discharge; and
               (2)  if applicable, inform the defendant of the
  defendant's eligibility to petition the court for an order of
  nondisclosure under Section 411.081, Government Code, and the
  earliest date the defendant is eligible to file the petition for the
  order of nondisclosure.
         SECTION 2.  Section 5(a-1), Article 42.12, Code of Criminal
  Procedure, as added by this Act, applies to a defendant placed on
  deferred adjudication community supervision on or after the
  effective date of this Act, regardless of whether the offense for
  which the defendant is placed on deferred adjudication community
  supervision is committed before, on, or after that date.
         SECTION 3.  Section 5(c-1), Article 42.12, Code of Criminal
  Procedure, as added by this Act, applies to an order of dismissal
  and discharge entered on or after the effective date of this Act,
  regardless of whether the defendant is placed on deferred
  adjudication community supervision before, on, or after that date.
         SECTION 4.  This Act takes effect September 1, 2011.
 
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