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 rights
waiver motion filing fee in El Paso County (Sec. 54.745, Government Code) .
. . $100;
(4) 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; and
(E) in Travis County (Sec.
54.983, Government Code) . . . magistrate's fees;
(5) 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]
(6) 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
(7) 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) . . . $28.
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SECTION 2. 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 rights
waiver motion filing fee in El Paso County (Sec. 54.745, Government Code) .
. . $100;
(4) 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; and
(E) in Travis County (Sec.
54.983, Government Code) . . . magistrate's fees;
(5) 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]
(6) fee paid on filing a
petition for an order of nondisclosure of criminal history record
information in certain deferred adjudication cases (Sec. 411.081(f-1) [411.081], Government
Code) . . . $28; and
(7) 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(f-1), Government Code) . . . $28.
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SECTION 2. Section 411.081,
Government Code, is amended by adding Subsections (d-1), (e-1), and (h-1)
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, 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-1), 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 $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 the first anniversary of the conviction or
dismissal, as applicable.
(e-1) A person is not
entitled to petition the court under Subsection (d-1) if the person has been
previously convicted of or placed on 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, 25.072, or 42.072, Penal Code;
or
(4) any other offense
involving family violence, as defined by Section 71.004, Family Code.
(h-1) The clerk of a
court that collects a fee under Subsection
(d-1) shall deposit the fee to the credit of the general fund of the
municipality or county, as applicable.
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SECTION 3. Section 411.081,
Government Code, is amended by adding Subsections (d-1), (e-1), (h-1), and
(h-2) and amending Subsections (f), (f-1), and (h) 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, 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-1), 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, the court shall hold a hearing on whether the person
is entitled to file the petition and whether issuance of the order is in
the best interest of justice. In determining whether granting the order is
in the best interest of justice, the court may consider, among any other
factors the court considers relevant, the person's criminal history record
information, including whether the person has been convicted of or granted
a deferred disposition for an offense with elements that are the same as or
similar to the elements of the offense for which the person is seeking an
order of nondisclosure. If the court determines that granting 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 placed 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 only on or after the
first anniversary of the conviction or dismissal, as applicable.
(e-1) A person is not
entitled to petition the court under Subsection (d-1) if the person has
been previously convicted of or placed on 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, 25.072, 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), (e), and
(e-1), 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.
(f-1)
A person who petitions the court for an order of nondisclosure under
Subsection (d) or (d-1) 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.
(h)
The clerk of a court that collects a fee paid under Subsection (f-1)
for a petition filed under Subsection (d) [(d)] 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.
(h-1) The clerk of a
court that collects a fee paid under
Subsection (f-1) for a petition filed under Subsection (d-1) shall
deposit the fee to the credit of the general fund of the municipality or
county, as applicable.
(h-2) 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.
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