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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the disclosure of certain criminal |
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history records and to the duty of law enforcement agencies |
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regarding records associated with certain defendants. |
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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 (e), 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 community supervision, including deferred |
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adjudication community supervision, under [Section 5,] Article |
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42.12, Code of Criminal Procedure, successfully completes the |
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period of community supervision or [subsequently] receives a |
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discharge and dismissal under Section 5(c) or Section 20, Article |
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42.12, Code of Criminal Procedure, as applicable, and satisfies the |
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requirements of Subsection (e), the person may petition the court |
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that placed the person [defendant] on community supervision |
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[deferred adjudication] for an order of nondisclosure under this |
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subsection. Except as provided by Subsection (e), a person may |
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petition the court under this subsection regardless of whether the |
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person has been previously placed on [deferred adjudication] |
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community supervision for another offense. After notice to the |
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state and a hearing on whether the person is entitled to file the |
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petition and issuance of the order is in the best interest of |
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justice, the court shall issue an order prohibiting criminal |
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justice agencies from disclosing to the public criminal history |
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record information related to the offense giving rise to the |
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community supervision [deferred adjudication]. A criminal justice |
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agency may disclose criminal history record information that is the |
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subject of the order only to other criminal justice agencies, for |
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criminal justice or regulatory licensing purposes, an agency or |
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entity listed in Subsection (i), or 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 under Section 5(c), |
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Article 42.12, Code of Criminal Procedure, if the [offense for
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which the] person was placed on deferred adjudication for [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 under Section 5(c), Article 42.12, Code of Criminal |
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Procedure, if the [offense for which the] person was placed on |
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deferred adjudication for [was] a misdemeanor under Chapter 20, 21, |
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22, 25, 42, or 46, Penal Code; [or] |
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(3) the fifth anniversary of the discharge and |
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dismissal under Section 5(c), Article 42.12, Code of Criminal |
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Procedure, if the [offense for which the] person was placed on |
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deferred adjudication for [was] a felony; |
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(4) the fifth anniversary of the successful completion |
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of the period of community supervision or the discharge and |
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dismissal under Section 20, Article 42.12, Code of Criminal |
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Procedure, if the person was placed on community supervision |
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following conviction of a misdemeanor; or |
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(5) the 10th anniversary of the successful completion |
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of the period of community supervision or the discharge and |
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dismissal under Section 20, Article 42.12, Code of Criminal |
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Procedure, if the person was placed on community supervision |
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following conviction of a felony. |
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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), (4), or (5), 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 |
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42.12, Code of Criminal Procedure, for any offense other than an |
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offense under the Transportation Code punishable by fine only. A |
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person is not entitled to petition the court under Subsection (d) if |
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the person was placed on the [deferred adjudication] community |
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supervision for or has been previously convicted of or placed on any |
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other community supervision, including deferred adjudication |
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community supervision, 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; |
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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, 19.04, |
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22.04, 22.041, 25.07, 29.03, 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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SECTION 2. 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 CRIMINAL |
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HISTORY RECORDS [DEFERRED ADJUDICATIONS AND CERTAIN MISDEMEANORS
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PUNISHABLE BY FINE ONLY]. |
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SECTION 3. The changes in law made by this Act to Sections |
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411.081(d) and (e), Government Code, apply to a person who, on or |
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after the effective date of this Act, petitions the court for an |
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order of nondisclosure of criminal history record information |
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related to the placement of the person on community supervision, |
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regardless of whether the community supervision is ordered before, |
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on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2011. |