By: West  S.B. No. 1172
         (In the Senate - Filed March 5, 2013; March 12, 2013, read
  first time and referred to Committee on Criminal Justice;
  April 18, 2013, rereferred to Committee on Jurisprudence;
  April 24, 2013, reported favorably by the following vote:  Yeas 5,
  Nays 0; April 24, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the eligibility of certain criminal defendants for an
  order of nondisclosure; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.081, Government Code, is amended by
  adding Subsection (d-1) and amending Subsections (e), (f), (h), and
  (i) to read as follows:
         (d-1)(1)  This subsection applies only to a person who:
                     (A)  on conviction is placed on community
  supervision under Article 42.12, Code of Criminal Procedure, and
  with respect to whom the conviction is subsequently set aside by the
  court under Section 20(a) of that article; and
                     (B)  is not convicted of an offense for which the
  person would be ineligible for deferred adjudication community
  supervision under Section 5(d), Article 42.12, Code of Criminal
  Procedure.
               (2)  Notwithstanding any other provision of this
  subchapter, if a person to whom this subsection applies satisfies
  the requirements of Subsection (e), the person may petition the
  court that placed the person on community supervision for an order
  of nondisclosure under this subsection. 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. 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 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 community supervision 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 after:
                     (A)  the conviction is set aside, if the offense
  for which the person was placed on community supervision was a
  misdemeanor; or
                     (B)  the fifth anniversary of the date the
  conviction is set aside, if the offense for which the person was
  placed on community supervision was a felony.
         (e)  A person is entitled to petition the court under
  Subsection (d) or (d-1) only if during the period of the community
  supervision, including 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) or by Subsection (d-1)(2)(A) or (B), 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) or (d-1) if the
  person was placed on community supervision, including [the]
  deferred adjudication community supervision, for, or has been
  previously convicted of or placed on any other deferred
  adjudication 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, 22.04,
  22.041, 25.07, or 42.072, Penal Code; or
               (4)  any other offense involving family violence, as
  defined by Section 71.004, Family Code.
         (f)  For purposes of Subsections [Subsection] (d) and (e), a
  person is considered to have been placed on deferred adjudication
  community supervision if, regardless of the statutory
  authorization:
               (1)  the person entered a plea of guilty or nolo
  contendere;
               (2)  the judge deferred further proceedings without
  entering an adjudication of guilt and placed the person under the
  supervision of the court or an officer under the supervision of the
  court; and
               (3)  at the end of the period of supervision, the judge
  dismissed the proceedings and discharged the person.
         (h)  The clerk of a court that collects a fee under
  Subsection (d) or (d-1) shall remit the fee to the comptroller not
  later than the last day of the month following the end of the
  calendar quarter in which the fee is collected, and the comptroller
  shall deposit the fee in the general revenue fund.  The Department
  of Public Safety shall submit a report to the legislature not later
  than December 1 of each even-numbered year that includes
  information on:
               (1)  the number of petitions for nondisclosure and
  orders of nondisclosure received by the department in each of the
  previous two years;
               (2)  the actions taken by the department with respect
  to the petitions and orders received;
               (3)  the costs incurred by the department in taking
  those actions; and
               (4)  the number of persons who are the subject of an
  order of nondisclosure and who became the subject of criminal
  charges for an offense committed after the order was issued.
         (i)  A criminal justice agency may disclose criminal history
  record information that is the subject of an order of nondisclosure
  under Subsection (d) or (d-1) to the following noncriminal justice
  agencies or entities only:
               (1)  the State Board for Educator Certification;
               (2)  a school district, charter school, private school,
  regional education service center, commercial transportation
  company, or education shared service arrangement;
               (3)  the Texas Medical Board;
               (4)  the Texas School for the Blind and Visually
  Impaired;
               (5)  the Board of Law Examiners;
               (6)  the State Bar of Texas;
               (7)  a district court regarding a petition for name
  change under Subchapter B, Chapter 45, Family Code;
               (8)  the Texas School for the Deaf;
               (9)  the Department of Family and Protective Services;
               (10)  the Texas Juvenile Justice Department [Youth
  Commission];
               (11)  the Department of Assistive and Rehabilitative
  Services;
               (12)  the Department of State Health Services, a local
  mental health service, a local mental retardation authority, or a
  community center providing services to persons with mental illness
  or retardation;
               (13)  the Texas Private Security Board;
               (14)  a municipal or volunteer fire department;
               (15)  the Texas Board of Nursing;
               (16)  a safe house providing shelter to children in
  harmful situations;
               (17)  a public or nonprofit hospital or hospital
  district;
               (18)  [the Texas Juvenile Probation Commission;
               [(19)]  the securities commissioner, the banking
  commissioner, the savings and mortgage lending commissioner, the
  consumer credit commissioner, or the credit union commissioner;
               (19) [(20)]  the Texas State Board of Public
  Accountancy;
               (20) [(21)]  the Texas Department of Licensing and
  Regulation;
               (21) [(22)]  the Health and Human Services Commission;
               (22) [(23)]  the Department of Aging and Disability
  Services;
               (23) [(24)]  the Texas Education Agency;
               (24) [(25)]  the Guardianship Certification Board;
               (25) [(26)]  a county clerk's office in relation to a
  proceeding for the appointment of a guardian under Chapter XIII,
  Texas Probate Code;
               (26) [(27)]  the Department of Information Resources
  but only regarding an employee, applicant for employment,
  contractor, subcontractor, intern, or volunteer who provides
  network security services under Chapter 2059 to:
                     (A)  the Department of Information Resources; or
                     (B)  a contractor or subcontractor of the
  Department of Information Resources;
               (27) [(28)]  the Court Reporters Certification Board;
               (28) [(29)]  the Texas Department of Insurance; and
               (29) [(30)]  the Teacher Retirement System of Texas.
         SECTION 2.  Subsection (a), Section 411.0851, Government
  Code, is amended to read as follows:
         (a)  A private entity that compiles and disseminates for
  compensation criminal history record information shall destroy and
  may not disseminate any information in the possession of the entity
  with respect to which the entity has received notice that:
               (1)  an order of expunction has been issued under
  Article 55.02, Code of Criminal Procedure; or
               (2)  an order of nondisclosure has been issued under
  Section 411.081(d) or (d-1).
         SECTION 3.  Section 552.142, Government Code, is amended to
  read as follows:
         Sec. 552.142.  EXCEPTION:  CONFIDENTIALITY OF RECORDS OF
  CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS].
  (a)  Information is excepted from the requirements of Section
  552.021 if an order of nondisclosure with respect to the
  information has been issued under Section 411.081(d) or (d-1).
         (b)  A person who is the subject of information that is
  excepted from the requirements of Section 552.021 under this
  section may deny the occurrence of the criminal proceeding [arrest
  and prosecution] to which the information relates and the exception
  of the information under this section, unless the information is
  being used against the person in a subsequent criminal proceeding.
         SECTION 4.  Subsection (a), Section 552.1425, Government
  Code, is amended to read as follows:
         (a)  A private entity that compiles and disseminates for
  compensation criminal history record information may not compile or
  disseminate information with respect to which the entity has
  received notice that:
               (1)  an order of expunction has been issued under
  Article 55.02, Code of Criminal Procedure; or
               (2)  an order of nondisclosure has been issued under
  Section 411.081(d) or (d-1).
         SECTION 5.  Subsection (e), Section 53.021, Occupations
  Code, is amended to read as follows:
         (e)  Subsection (c) does not apply if the person is an
  applicant for or the holder of a license that authorizes the person
  to provide:
               (1)  law enforcement or public health, education, or
  safety services; or
               (2)  financial services in an industry regulated by a
  person listed in Section 411.081(i)(18) [411.081(i)(19)],
  Government Code.
         SECTION 6.  The change in law made by Subsection (d-1),
  Section 411.081, Government Code, as added by this Act, applies to a
  person whose conviction is set aside under Subsection (a), Section
  20, Article 42.12, Code of Criminal Procedure, on or after the
  effective date of this Act, regardless of when the person committed
  the offense for which the person was convicted.
         SECTION 7.  This Act takes effect September 1, 2013.
 
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