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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 Subsections (a) and (d) and adding Subsections (f-1) and |
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(g-3) to read as 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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(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 for an order of nondisclosure [under
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this subsection] regardless of whether the person has been |
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previously placed on deferred adjudication community supervision |
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for another offense. After notice to the state, an opportunity for |
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[and] a hearing, and a determination that [on whether] the person is |
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entitled to file the petition and issuance of the order is in the |
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best interest of justice, the court shall issue an order |
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prohibiting criminal justice agencies from disclosing to the public |
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criminal history record information related to the offense giving |
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rise to the deferred adjudication. A criminal justice agency may |
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disclose criminal history record information that is the subject of |
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the 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 the person who is the subject of the |
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order. A person may petition the court that placed the person on |
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deferred adjudication for an order of nondisclosure [on payment of
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a $28 fee to the clerk of the court in addition to any other fee that
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generally applies to the filing of a civil petition.
The payment
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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) A person who petitions the court for an order of |
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nondisclosure under Subsection (d) may file the petition in person, |
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electronically, or by mail. The petition must be accompanied by |
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payment of a $28 fee to the clerk of the court in addition to any |
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other fee that generally applies to the filing of a civil petition. |
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The Office of Court Administration of the Texas Judicial System |
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shall prescribe a form for the filing of a petition electronically |
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or by mail. The form must provide for the petition to be |
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accompanied by the required fees and any other supporting material |
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determined necessary by the office of court administration, |
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including evidence that the person is entitled to file the |
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petition. The office of court administration shall make available |
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on its Internet website the electronic application and printable |
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application form. Each county or district clerk's office that |
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maintains an Internet website shall include on that website a link |
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to the electronic application and printable application form |
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available on the office of court administration's Internet website. |
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On receipt of a petition under this subsection, the court shall |
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provide notice to the state and an opportunity for a hearing on |
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whether the person is entitled to file the petition and issuance of |
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the order is in the best interest of justice. The court shall hold a |
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hearing before determining whether to issue an order of |
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nondisclosure, except that a hearing is not required if: |
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(1) the state does not request a hearing on the issue |
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before the 45th day after the date on which the state receives |
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notice under this subsection; and |
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(2) the court determines that: |
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(A) the defendant is entitled to file the |
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petition; and |
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(B) the order is in the best interest of justice. |
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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 to the person who is the subject |
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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. (a) Subsection (a), Section 411.081, |
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Government Code, as amended by this Act, and Subsection (g-3), |
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Section 411.081, Government Code, as added by this Act, apply 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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(b) Subsection (d), Section 411.081, Government Code, as |
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amended by this Act, and Subsection (f-1), Section 411.081, |
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Government Code, as added by this Act, apply to a person who |
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petitions the court for an order of nondisclosure on or after the |
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effective date of this Act, regardless of whether the person is |
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placed on deferred adjudication community supervision before, on, |
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or after that date. |
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SECTION 3. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 107 passed the Senate on |
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March 27, 2013, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 25, 2013, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 107 passed the House, with |
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amendment, on May 22, 2013, by the following vote: Yeas 145, |
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Nays 1, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |