By: West S.B. No. 977
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedure used to petition for an order of
  nondisclosure of criminal history record information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.081, Government Code, is amended by
  amending Subsection (d) and adding Subsection (f-1) to read as
  follows:
         (d)  Notwithstanding any other provision of this subchapter,
  if a person is placed on deferred adjudication community
  supervision under Section 5, Article 42.12, Code of Criminal
  Procedure, subsequently receives a discharge and dismissal under
  Section 5(c), Article 42.12, and satisfies the requirements of
  Subsection (e), the person may petition the court that placed the
  defendant on deferred adjudication for an order of nondisclosure
  under this subsection.  Except as provided by Subsection (e), a
  person may petition the court for an order of nondisclosure [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, an opportunity for
  [and] a hearing, and a determination that [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 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, if the offense for
  which the person was placed on deferred adjudication was a
  misdemeanor other than a misdemeanor described by Subdivision (2);
               (2)  the second anniversary of the discharge and
  dismissal, if the offense for which the person was placed on
  deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
  25, 42, or 46, Penal Code; or
               (3)  the fifth anniversary of the discharge and
  dismissal, if the offense for which the person was placed on
  deferred adjudication was a felony.
         (f-1)  A person who petitions the court for an order of
  nondisclosure under Subsection (d) may file the petition in person,
  electronically, or by mail. The petition must be accompanied by
  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 Office of Court Administration of the Texas Judicial System
  shall prescribe a form for the filing of a petition electronically
  or by mail.  The form must provide for the petition to be
  accompanied by the required fees and any other supporting material
  determined necessary by the office of court administration,
  including evidence that the person is entitled to file the
  petition. The office of court administration shall make available
  on its Internet website the electronic application and printable
  application form.  Each county or district clerk's office that
  maintains an Internet website shall include on that website a link
  to the electronic application and printable application form
  available on the office of court administration's Internet website.  
  On receipt of a petition under this subsection, the court shall
  provide notice to the state and an opportunity for 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 hold a
  hearing before determining whether to issue an order of
  nondisclosure, except that a hearing is not required if:
               (1)  the state does not request a hearing on the issue
  before the 45th day after the date on which the state receives
  notice under this subsection; and
               (2)  the court determines that:
                     (A)  the defendant is entitled to file the
  petition; and
                     (B)  the order is in the best interest of justice.
         SECTION 2.  The change in law made by this Act applies to a
  person who petitions the court for an order of nondisclosure on or
  after the effective date of this Act, regardless of whether the
  person is placed on deferred adjudication community supervision
  before, on, or after that date.
         SECTION 3.  This Act takes effect September 1, 2013.