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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure by a court of criminal history record |
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information that is the subject of 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. Section 411.081, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (g-3) to read as |
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follows: |
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(a) This subchapter does not apply to criminal history |
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record information that is contained in: |
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(1) posters, announcements, or lists for identifying |
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or apprehending fugitives or wanted persons; |
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(2) original records of entry, including police |
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blotters maintained by a criminal justice agency that are compiled |
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chronologically and required by law or long-standing practice to be |
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available to the public; |
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(3) public judicial, administrative, or legislative |
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proceedings; |
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(4) court records of public judicial proceedings, |
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except as provided by Subsection (g-3); |
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(5) published judicial or administrative opinions; or |
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(6) announcements of executive clemency. |
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(g-3) A court may not disclose to the public any information |
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contained in the court records that is the subject of an order of |
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nondisclosure issued under this section. The court may disclose |
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information contained in the court records that is the subject of an |
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order of nondisclosure only to criminal justice agencies for |
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criminal justice or regulatory licensing purposes, to an agency or |
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entity listed in Subsection (i) or (j), or to the person who is the |
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subject of the order. The clerk of the court issuing an order of |
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nondisclosure under this section shall seal any court records |
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containing information that is the subject of the order as soon as |
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practicable after the date the clerk of the court sends all relevant |
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criminal history record information contained in the order or a |
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copy of the order to the Department of Public Safety under |
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Subsection (g). |
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SECTION 2. The change in law made by this Act applies to the |
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disclosure on or after the effective date of this Act of information |
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that is the subject of an order of nondisclosure issued under |
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Section 411.081, Government Code, regardless of whether the order |
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is issued before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |