83R5335 JSC-D
 
  By: Hinojosa S.B. No. 1448
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to orders of nondisclosure issued for records of certain
  fine-only misdemeanors; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 103.0211, Government Code, is amended to
  read as follows:
         Sec. 103.0211.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES:  GOVERNMENT CODE.  An accused or defendant, or a party
  to a civil suit, as applicable, shall pay the following fees and
  costs under the Government Code if ordered by the court or otherwise
  required:
               (1)  a court reporter fee when testimony is taken:
                     (A)  in a criminal court in Dallas County (Sec.
  25.0593, Government Code) . . . $3;
                     (B)  in a county criminal court of appeals in
  Dallas County (Sec. 25.0594, Government Code) . . . $3;
                     (C)  in a county court at law in McLennan County
  (Sec. 25.1572, Government Code) . . . $3; and
                     (D)  in a county criminal court in Tarrant County
  (Sec. 25.2223, Government Code) . . . $3;
               (2)  a court reporter service fee if the courts have
  official court reporters (Sec. 51.601, Government Code) . . . $15
  or, in specified counties, $30;
               (3)  a speedy trial filing fee in El Paso County (Sec.
  54.745, Government Code) . . . $100;
               (4)  costs for use of magistrate in Brazos County (Sec.
  54.1116, Government Code) . . . not to exceed $50;
               (5)  the costs of a criminal magistrate if the court
  determines that the nonprevailing party is able to defray the
  costs:
                     (A)  in Bexar County (Sec. 54.913, Government
  Code) . . . magistrate's fees;
                     (B)  in Dallas County (Sec. 54.313, Government
  Code) . . . magistrate's fees;
                     (C)  in Lubbock County (Sec. 54.883, Government
  Code) . . . magistrate's fees;
                     (D)  in Tarrant County (Sec. 54.663, Government
  Code) . . . magistrate's fees;
                     (E)  in Travis County (Sec. 54.983, Government
  Code) . . . magistrate's fees; and
                     (F)  in Williamson County (Sec. 54.958,
  Government Code) . . . expense of the magistrate;
               (6)  an administrative fee for participation in certain
  community supervision programs (Sec. 76.015, Government Code)
  . . . not less than $25 and not more than $60 per month; [and]
               (7)  fee paid on filing a petition for an order of
  nondisclosure of criminal history record information in certain
  deferred adjudication cases (Sec. 411.081(d) [411.081], Government
  Code) . . . $28; and
               (8)  fee paid on filing a petition for an order of
  nondisclosure of criminal history record information in certain
  fine-only misdemeanor cases (Sec. 411.081(d-1), Government Code)
  . . . $50.
         SECTION 2.  Section 411.081, Government Code, is amended by
  adding Subsection (d-1) and amending Subsections (e), (h), and (i)
  to read as follows:
         (d-1)  Notwithstanding any other provision of this chapter,
  a person who is convicted of and has satisfied the judgment for or
  who has received a dismissal after deferral of disposition for a
  fine-only misdemeanor, other than a traffic offense or an offense
  under a municipal ordinance or county order, and who satisfies the
  requirements of Subsection (e), may petition the court that
  convicted or granted a dismissal to the person for an order of
  nondisclosure under this subsection. Subject to Subsection (e), a
  person may petition the court under this subsection regardless of
  whether the person has been previously convicted of or granted a
  dismissal for a fine-only misdemeanor 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 fine-only misdemeanor offense
  that is the subject of the petition. As a condition of granting the
  petition under this subsection for a person convicted of the
  offense, a court may require the defendant to perform community
  service, pay a fee, or both perform the community service and pay
  the fee as if the defendant had been put on probation pending
  deferred disposition under Article 45.051, Code of Criminal
  Procedure.  A criminal justice agency may disclose criminal history
  record information that is the subject of an order of nondisclosure
  under this subsection 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 for an order of
  nondisclosure under this subsection on payment of a $50 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 the first anniversary of the conviction or
  dismissal, as applicable.
         (e)  A person is entitled to petition the court under
  Subsection (d) or (d-1) only if during any [the] period of the
  deferred adjudication community supervision for which the order of
  nondisclosure is requested and during the applicable period
  preceding the defendant's eligibility to file a petition described
  by Subsection (d)(1), (2), or (3) or (d-1), 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 the deferred adjudication community
  supervision for or has been previously convicted 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.
         (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 this section [Subsection (d)] 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 3.  Section 411.0851(a), 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 [411.081(d)].
         SECTION 4.  The heading to 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].
         SECTION 5.  Section 552.142(a), Government Code, is amended
  to read as follows:
         (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 [411.081(d)].
         SECTION 6.  Section 552.1425(a), 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 [411.081(d)].
         SECTION 7.  The change in law made by this Act applies to a
  petition for an order of nondisclosure that is filed on or after the
  effective date of this Act, regardless of whether the misdemeanor
  that is the subject of the petition occurred before, on, or after
  the effective date of this Act.
         SECTION 8.  This Act takes effect September 1, 2013.