82R7625 JSC-D

By: West S.B. No. 1158

A BILL TO BE ENTITLED

AN ACT

relating to restrictions on the disclosure of certain criminal history records and to the duty of law enforcement agencies regarding records associated with certain defendants.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 411.081(d) and (e), Government Code, are amended to read as follows:

(d) Notwithstanding any other provision of this subchapter, if a person is placed on community supervision, including deferred adjudication community supervision, under [Section 5,] Article 42.12, Code of Criminal Procedure, successfully completes the period of community supervision or [subsequently] receives a discharge and dismissal under Section 5(c) or Section 20, Article 42.12, Code of Criminal Procedure, as applicable, and satisfies the requirements of Subsection (e), the person may petition the court that placed the person [defendant] on community supervision [deferred adjudication] for an order of nondisclosure under this subsection. Except as provided by Subsection (e), a person may petition the court under this subsection regardless of whether the person has been previously placed on [deferred adjudication] community supervision for another offense. After notice to the state and a hearing on whether the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the community supervision [deferred adjudication]. A criminal justice agency may disclose criminal history record information that is the subject of the order only to other criminal justice agencies, for criminal justice or regulatory licensing purposes, an agency or entity listed in Subsection (i), or the person who is the subject of the order. A person may petition the court [that placed the person on deferred adjudication] for an order of nondisclosure on payment of a $28 fee to the clerk of the court in addition to any other fee that generally applies to the filing of a civil petition. The payment may be made only on or after:

(1) the discharge and dismissal under Section 5(c), Article 42.12, Code of Criminal Procedure, if the [offense for which the] person was placed on deferred adjudication for [was] a misdemeanor other than a misdemeanor described by Subdivision (2);

(2) the second anniversary of the discharge and dismissal under Section 5(c), Article 42.12, Code of Criminal Procedure, if the [offense for which the] person was placed on deferred adjudication for [was] a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46, Penal Code; [or]

(3) the fifth anniversary of the discharge and dismissal under Section 5(c), Article 42.12, Code of Criminal Procedure, if the [offense for which the] person was placed on deferred adjudication for [was] a felony;

(4) the fifth anniversary of the successful completion of the period of community supervision or the discharge and dismissal under Section 20, Article 42.12, Code of Criminal Procedure, if the person was placed on community supervision following conviction of a misdemeanor; or

(5) the 10th anniversary of the successful completion of the period of community supervision or the discharge and dismissal under Section 20, Article 42.12, Code of Criminal Procedure, if the person was placed on community supervision following conviction of a felony.

(e) A person is entitled to petition the court under Subsection (d) only if during the period of the [deferred adjudication] community supervision for which the order of nondisclosure is requested and during the applicable period described by Subsection (d)(1), (2), [or] (3), (4), or (5), as appropriate, the person is not convicted of or placed on [deferred adjudication] community supervision under [Section 5,] Article 42.12, Code of Criminal Procedure, for any offense other than an offense under the Transportation Code punishable by fine only. A person is not entitled to petition the court under Subsection (d) if the person was placed on the [deferred adjudication] community supervision for or has been previously convicted of or placed on any other community supervision, including deferred adjudication community supervision, for:

(1) an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;

(2) an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure;

(3) an offense under Section 19.02, 19.03, 19.04, 22.04, 22.041, 25.07, 29.03, or 42.072, Penal Code; or

(4) any other offense involving family violence, as defined by Section 71.004, Family Code.

SECTION 2. The heading to Section 552.142, Government Code, is amended to read as follows:

Sec. 552.142. EXCEPTION: [RECORDS OF] CERTAIN CRIMINAL HISTORY RECORDS [DEFERRED ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY].

SECTION 3. The changes in law made by this Act to Sections 411.081(d) and (e), Government Code, apply to a person who, on or after the effective date of this Act, petitions the court for an order of nondisclosure of criminal history record information related to the placement of the person on community supervision, regardless of whether the community supervision is ordered before, on, or after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2011.