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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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No
equivalent provision.
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SECTION 1. Chapter 411,
Government Code, is amended by adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. ORDER OF
NONDISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION
Sec. 411.071.
DEFINITIONS. In this subchapter, "criminal history record
information," "criminal justice agency," and "criminal
justice purpose" have the meanings assigned by Section 411.082.
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SECTION 1. Subchapter F,
Chapter 411, Government Code, is amended by adding Section 411.08111 to
read as follows:
Sec. 411.08111. ORDER OF
NONDISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION: DEFERRED
ADJUDICATION COMMUNITY SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a)
This section only applies to a person
placed on deferred
adjudication community supervision under Section 5, Article 42.12, Code of
Criminal Procedure, in a misdemeanor case that was not under Chapter 20,
21, 22, 25, 42, 43, or 46, Penal Code.
(b) Notwithstanding any
other provision of this subchapter, if a person to whom this section
applies subsequently receives a discharge and dismissal under Section 5(c),
Article 42.12, Code of Criminal Procedure, and satisfies the requirements
of Section 411.0812, the court that placed the defendant on deferred
adjudication shall issue an order of nondisclosure under this subchapter
prohibiting criminal justice agencies from disclosing to the public
criminal history record information related to the offense giving rise to
the deferred adjudication. The court shall determine whether the person satisfies
the requirements of Section 411.0812. The court shall make that
determination, and, if the requirements of Section 411.0812 are satisfied,
issue the order of nondisclosure:
(1) at the time the court
dismisses the proceedings against and discharges the defendant, unless that
time is before the 180th day after the date the court placed the defendant
on deferred adjudication; or
(2) as soon as
practicable on or after the 180th day after the date the court placed on
deferred adjudication a defendant who has
already received the defendant's discharge and dismissal.
(c) Except as provided by Section 411.0812, the person is entitled
to an order of nondisclosure under Subsection (b) regardless of whether the
person has been previously convicted or placed on deferred adjudication
community supervision for another offense.
(d) The defendant shall
present to the court evidence necessary to establish that the person is
eligible to receive an order of nondisclosure under this section. The
defendant must pay a $28 fee to the clerk of the court before the court
issues the order.
(e) 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, to an agency or entity listed in Section
411.0818, or to the person who is the subject of the order.
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SECTION 3. Subchapter E-1,
Chapter 411, Government Code, as added by this Act, is amended by adding
Section 411.072 to read as follows:
Sec. 411.072. PROCEDURE
FOR DEFERRED ADJUDICATION COMMUNITY SUPERVISION; CERTAIN NONVIOLENT
MISDEMEANORS.
(a) This section applies
only to a person who:
(1) was placed on
deferred adjudication community supervision under Section 5, Article 42.12,
Code of Criminal Procedure, for a misdemeanor other than a misdemeanor:
(A) under Chapter 20, 21,
22, 25, 42, 43, 46, or 71, Penal
Code; or
(B) with respect to which an affirmative finding under Section
5(k), Article 42.12, Code of Criminal Procedure, was filed in the papers of
the case; and
(2) has never been previously convicted of or placed on deferred
adjudication community supervision for another offense other than an offense
under the Transportation Code that is punishable by fine only.
(b) Notwithstanding any
other provision of this subchapter or Subchapter F, if a person described
by Subsection (a) receives a discharge and dismissal under Section 5(c),
Article 42.12, Code of Criminal Procedure, and satisfies the requirements
of Section 411.074, the court that placed the person on deferred adjudication
community supervision shall issue an order of nondisclosure of criminal
history record information under this subchapter prohibiting criminal
justice agencies from disclosing to the public criminal history record
information related to the offense giving rise to the deferred adjudication
community supervision. The court shall determine whether the person
satisfies the requirements of Section 411.074, and if the court makes a
finding that the requirements of that section are satisfied, the court
shall issue the order of nondisclosure of criminal history record
information:
(1) at the time the court
discharges and dismisses the proceedings against the person, if the
discharge and dismissal occurs on or after the 180th day after the date the
court placed the person on deferred adjudication community supervision; or
(2) as soon as
practicable on or after the 180th day after the date the court placed the
person on deferred adjudication community supervision, if the discharge and dismissal occurred before that date.
(c) The person shall
present to the court any evidence necessary to establish that the person is
eligible to receive an order of nondisclosure of criminal history record
information under this section. The person must pay a $28 fee to the clerk
of the court before the court issues the order.
No equivalent provision. (But see
SECTION 11 below.)
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SECTION 2. Section
411.081(d), Government Code, is redesignated as Section 411.08112 of
Subchapter F, Chapter 411, Government Code, and amended to read as follows:
Sec. 411.08112. ORDER OF
NONDISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION: DEFERRED ADJUDICATION
COMMUNITY SUPERVISION; CERTAIN OTHER MISDEMEANORS AND FELONIES.
(a) This section only
applies to a person placed on deferred adjudication community supervision
under Section 5, Article 42.12, Code of Criminal Procedure, in a
misdemeanor case that is not covered by Section 411.08111 or in a felony
case.
(b) [(d)]
Notwithstanding any other provision of this subchapter, if a person to
whom this section applies [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 Section
411.0812 [Subsection (e)], the person may petition the court
that placed the defendant on deferred adjudication for an order of
nondisclosure under this section [subsection].
(c) Except as
provided by Section 411.0812 [Subsection (e)], a person may
petition the court for an order of nondisclosure regardless of whether the
person has been previously placed on deferred adjudication community
supervision for another offense.
(d) After notice to
the state, an opportunity for a hearing, and a determination that 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.
(e) 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 Section
411.0818 [Subsection (i)], or the person who is the subject of
the order.
(f) A person may
petition the court that placed the person on deferred adjudication for an
order of nondisclosure under this section 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 not covered
by Section 411.08111 [under Chapter 20, 21, 22, 25, 42, or 46, Penal
Code]; or
(2) [(3)] the
fifth anniversary of the discharge and dismissal, if the offense for which
the person was placed on deferred adjudication was a felony.
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SECTION 4. Section
411.081(d), Government Code, is transferred to Subchapter E-1, Chapter 411,
Government Code, as added by this Act, redesignated as Section 411.0725,
Government Code, and amended to read as follows:
Sec. 411.0725. PROCEDURE
FOR DEFERRED ADJUDICATION COMMUNITY SUPERVISION; FELONIES AND CERTAIN
MISDEMEANORS.
(a) This section applies
only to a person placed on deferred adjudication community supervision
under Section 5, Article 42.12, Code of Criminal Procedure, who is not
eligible to receive an order of nondisclosure of criminal history record
information under Section 411.072.
(b) [(d)]
Notwithstanding any other provision of this subchapter or Subchapter F,
if a person described by Subsection (a) [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, Code of Criminal Procedure, and satisfies
the requirements of Section 411.074 [Subsection (e)], the
person may petition the court that placed the person [defendant]
on deferred adjudication community supervision for an order of nondisclosure
of criminal history record information under this section [subsection].
(c) Except as
provided by Section 411.074 [Subsection (e)], a person may
petition the court for an order of nondisclosure under this section
regardless of whether the person has been previously convicted of or placed on deferred
adjudication community supervision for another offense.
(d) After notice to
the state, an opportunity for a hearing, and a determination that 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 community supervision.
(e) [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.]
(But see SECTION 11 below.)
A person may petition the
court that placed the person on deferred adjudication community
supervision for an order of nondisclosure of criminal history record
information under this section 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, 43, 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.
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SECTION 3. Subchapter F,
Chapter 411, Government Code, is amended by adding Sections 411.08113 and
411.08114 to read as follows:
Sec. 411.08113. ORDER OF
NONDISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION: COMMUNITY
SUPERVISION; CERTAIN MISDEMEANORS.
(a) This section only
applies to a person placed on community supervision under Article 42.12,
Code of Criminal Procedure, in a
misdemeanor case under a provision of Article 42.12 other than Section 5,
including a person who otherwise satisfies the requirements of this section
and Section 411.0812 who is placed on community supervision:
(1) under a provision of
Article 42.12
that requires the person
to serve a term of confinement as a condition of community supervision; or
(2) after serving part of
a term of confinement imposed for the offense.
(b) Notwithstanding any
other provision of this subchapter, a person to whom this section applies
whose community supervision is not revoked and who completes the period of
community supervision may petition the court that placed the defendant on
community supervision for an order of nondisclosure under this section if
the person:
(1) has not previously been granted an order of nondisclosure of
criminal history record information under this subchapter for another
offense; and
(2) satisfies the
requirements of this section and Section 411.0812.
(c) A person may petition
the court for an order of nondisclosure under this section only if the
person has never been previously convicted or placed on deferred
adjudication community supervision for another offense other than an offense
under the Transportation Code punishable by fine only.
(d) After notice to the
state, an opportunity for a hearing, and a determination that 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.
(e) 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 Section
411.0818, or the person who is the subject of the order.
(f) A person may petition
the court that placed the person on community supervision for an order of
nondisclosure under this section only on or after:
(1) the completion of the
community supervision, if the offense for which the person was placed on
community supervision was a misdemeanor other than a misdemeanor described
by Subdivision (2); or
(2) the second
anniversary of the date of completion of the community supervision, if the
offense for which the person was placed on community supervision was a
misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code.
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SECTION 5. Subchapter E-1,
Chapter 411, Government Code, as added by this Act, is amended by adding
Sections 411.073 and 411.0735 to read as follows:
Sec. 411.073. PROCEDURE
FOR COMMUNITY SUPERVISION FOLLOWING CONVICTION; CERTAIN MISDEMEANORS.
(a) This section applies
only to a person placed on community supervision under Article 42.12, Code
of Criminal Procedure:
(1) following a conviction of a misdemeanor other than a
misdemeanor under Section 106.041, Alcoholic Beverage Code, or Section
49.04, 49.05, 49.06, 49.065, or 71.021, Penal Code; and
(2) under a provision of
Article 42.12, Code of Criminal Procedure, other
than Section 5, including:
(A) a provision that
requires the person to serve a term of confinement as a condition of
community supervision; or
(B) another provision
that authorizes placing a person on
community supervision after the person has served part of a term of
confinement imposed for the offense.
(b) Notwithstanding any
other provision of this subchapter or Subchapter F, a person described by
Subsection (a) whose community supervision is not revoked and who completes
the period of community supervision may petition the court that placed the
person on community supervision for an order of nondisclosure of criminal
history record information under this section if the person:
(1) satisfies the
requirements of this section and Section 411.074; and
(2) has never been
previously convicted of or placed on deferred adjudication community
supervision for another offense other than an offense under the
Transportation Code that is punishable by fine only.
(c) After notice to the
state, an opportunity for a hearing, and a determination that 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.
No
equivalent provision. (But see SECTION 11 below.)
(d) A person may petition
the court that placed the person on community supervision for an order of
nondisclosure of criminal history record information under this section
only on or after:
(1) the completion of the
community supervision, if the offense for which the person was placed on
community supervision was a misdemeanor other than a misdemeanor described
by Subdivision (2); or
(2) the second
anniversary of the date of completion of the community supervision, if the
offense for which the person was placed on community supervision was a
misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code.
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Sec. 411.08114. ORDER OF
NONDISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION: CONVICTION AND
CONFINEMENT; CERTAIN MISDEMEANORS.
(a) This section applies
only to a person who:
(1) is convicted of a
misdemeanor, sentenced to a period of confinement, and confined, and
(2) is not covered under
Section 411.08113.
(b) Notwithstanding any
other provision of this subchapter, a person to whom this section applies
who completes the period of confinement and is released may petition the
court that imposed the sentence for an order of nondisclosure under this
section if the person:
(1) has not previously been granted an order of nondisclosure of
criminal history record information under this subchapter for another
offense; and
(2) satisfies the
requirements of this section and Section 411.0812.
(c) A person may petition
the court for an order of nondisclosure under this section only if the
person has never been previously convicted or placed on deferred
adjudication community supervision for another offense other than an
offense under the Transportation Code punishable by fine only.
(d) After notice to the
state, an opportunity for a hearing, and a determination that 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 confinement.
(e) 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
Section 411.0818, or the person who is the subject of the order.
(f) A person may petition
the court that imposed the sentence for an order of nondisclosure under
this section only on or after the second anniversary of the date of
completion of the period of confinement.
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Sec. 411.0735. PROCEDURE
FOR CONVICTION AND CONFINEMENT; CERTAIN MISDEMEANORS.
(a) This section applies
only to a person who:
(1) is convicted of a
misdemeanor other than a misdemeanor under
Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.05, 49.06,
49.065, or 71.021, Penal Code;
(2) is sentenced to and
serves a period of confinement; and
(3) is not eligible for
an order of nondisclosure of criminal history record information under
Section 411.073.
(b) Notwithstanding any
other provision of this subchapter or Subchapter F, a person described by
Subsection (a) who completes the period of confinement and is released may
petition the court that imposed the sentence for an order of nondisclosure
of criminal history record information under this section if the person:
(1) satisfies the
requirements of this section and Section 411.074; and
(2) has never been
previously convicted of or placed on
deferred adjudication community supervision for another offense other than
an offense under the Transportation Code punishable by fine only.
(c) After notice to the
state, an opportunity for a hearing, and a determination that 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 confinement.
No
equivalent provision. (But see SECTION 11 below.)
(d) A person may petition
the court that imposed the sentence for an order of nondisclosure of
criminal history record information under this section only on or after the
second anniversary of the date of completion of the period of confinement.
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SECTION 4. Section
411.081(e), Government Code, is redesignated as Section 411.0812 of
Subchapter F, Chapter 411, Government Code, and amended to read as follows:
Sec. 411.0812. REQUIRED
CONDITIONS FOR RECEIVING AN ORDER OF NONDISCLOSURE OF CRIMINAL HISTORY
RECORD INFORMATION. (a) [(e)] A person may be granted an
order of nondisclosure of criminal history record information under this subchapter
and, when applicable, is entitled to petition the court to receive
such an order under this subchapter [Subsection (d)] only
if, during the period after the court either pronounced the sentence
regarding the offense for which the order of nondisclosure is requested or
placed the person on [of] the deferred adjudication community
supervision regarding [for] which the order of nondisclosure
is requested, and during any [the] applicable waiting
period after completion of the sentence or deferred adjudication
community supervision required [described] by this subchapter
[Subsection (d)(1), (2), or (3), 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.
(b) A person may
not be granted an order of nondisclosure of criminal history record
information under this subchapter and, when applicable, is not entitled
to petition the court to receive such an order under this
subchapter [Subsection (d)] if
the person was convicted
or 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, 25.072, or 42.072, Penal Code; or
(4) any other offense
involving family violence, as defined by Section 71.004, Family Code.
(c) A person may not be
granted an order of nondisclosure of criminal history record information
under this subchapter and, when applicable, is not entitled to petition the
court to receive such an order under this subchapter if the court made an
affirmative finding that the offense regarding which the order of
nondisclosure is requested involved family violence, as defined by Section
71.004, Family Code.
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SECTION 6. Section
411.081(e), Government Code, is transferred to Subchapter E-1, Chapter 411,
Government Code, as added by this Act, redesignated as Section 411.074,
Government Code, and amended to read as follows:
Sec. 411.074. REQUIRED
CONDITIONS FOR RECEIVING AN ORDER OF NONDISCLOSURE. (a) [(e)] A
person may be granted an order of nondisclosure of criminal history
record information under this subchapter and, when applicable, is
entitled to petition the court to receive an order under this
subchapter [Subsection (d)] only if, during the period after
the court pronounced the sentence or placed the person on [of the]
deferred adjudication community supervision for the offense for
which the order of nondisclosure is requested, and during any
[the] applicable waiting period after completion of the
sentence or deferred adjudication community supervision required [described]
by this subchapter [Subsection (d)(1), (2), or (3), 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.
(b) A person may
not be granted an order of nondisclosure of criminal history record
information under this subchapter and is not entitled to petition the court
for an order under this subchapter [Subsection (d)] if:
(1) the person was convicted
or placed on [the] deferred adjudication community supervision
for or has been previously convicted or placed on any other deferred
adjudication community supervision for:
(A) [(1)] an
offense requiring registration as a sex offender under Chapter 62, Code of
Criminal Procedure;
(B) [(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;
(C) [(3)] an
offense under Section 19.02, 19.03, 20A.02,
20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code; or
(D) [(4)] any
other offense involving family violence, as defined by Section 71.004, Family
Code; or
(2) the court makes an
affirmative finding that the offense for which the order of nondisclosure
of criminal history record information is requested involved family
violence, as defined by Section 71.004, Family Code.
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SECTION 5. Section
411.081(f), Government Code, is redesignated as Section 411.08121 of
Subchapter F, Chapter 411, Government Code, and amended.
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SECTION 2. Substantially the
same as the introduced version.
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SECTION 6. Section
411.081(f-1), Government Code, is redesignated as Section 411.0813 of
Subchapter F, Chapter 411, Government Code, and amended.
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SECTION 7. Substantially the
same as the introduced version.
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SECTION 7. Sections
411.081(g), (g-1), (g-1a), (g-1b), and (g-1c), Government Code, are
redesignated as Section 411.0814 of Subchapter F, Chapter 411, Government
Code, and amended.
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SECTION 8. Substantially the
same as the introduced version.
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SECTION 8. Section
411.081(g-2), Government Code, is redesignated as Section 411.0815 of
Subchapter F, Chapter 411, Government Code, and amended to read as follows:
Sec. 411.0815.
NONDISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION: STATEMENT IN
APPLICATION FOR EMPLOYMENT, INFORMATION, OR LICENSING.
[(g-2)] A person whose
criminal history record information has
been sealed under this subchapter [section] is not required
in any application for employment, information, or licensing to state that
the person has been the subject of any criminal proceeding related to the
information that is the subject of an order of nondisclosure of criminal
history record information issued under this subchapter [section].
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SECTION 9. Section
411.081(g-2), Government Code, is transferred to Subchapter E-1, Chapter
411, Government Code, as added by this Act, redesignated as Section
411.0755, Government Code, and amended to read as follows:
Sec. 411.0755. STATEMENT
IN APPLICATION FOR EMPLOYMENT, INFORMATION, OR LICENSING.
[(g-2)] A person
whose criminal history record information is
the subject of an order of nondisclosure of criminal history record
information issued [has been
sealed] under this subchapter [section] is not
required in any application for employment, information, or licensing to
state that the person has been the subject of any criminal proceeding
related to the information that is the subject of the [an]
order [issued under this section].
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SECTION 9. Section
411.081(g-3), Government Code, is redesignated as Section 411.0816 of
Subchapter F, Chapter 411, Government Code, and amended.
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SECTION 10. Substantially
the same as the introduced version.
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SECTION 10. Section
411.081(h), Government Code, is redesignated as Section 411.0817 of
Subchapter F, Chapter 411, Government Code, and amended.
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SECTION 12. Substantially
the same as the introduced version.
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SECTION 11. Section
411.081(i), Government Code, as amended by Section 4, Chapter 266, Section
32, Chapter 583, and Section 2.23, Chapter 42, Acts of the 83rd
Legislature, Regular Session, 2013, is redesignated as Section 411.0818 of
Subchapter F, Chapter 411, Government Code, and amended to read as follows:
Sec. 411.0818. ALLOWED
DISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION TO CERTAIN AGENCIES.
No
equivalent provision. (But see Sections 411.08111(e),
411.08112(e), 411.08113(e), and 411.08114(e) above.)
[(i)] A criminal
justice agency may disclose criminal history record information that is the
subject of an order of nondisclosure of criminal history record
information under this subchapter [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;
(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, or a facility as defined by Section 250.001,
Health and Safety Code;
(18) the securities
commissioner, the banking commissioner, the savings and mortgage lending
commissioner, the consumer credit commissioner, or the credit union
commissioner;
(19) the Texas State Board
of Public Accountancy;
(20) the Texas Department of
Licensing and Regulation;
(21) the Health and Human
Services Commission;
(22) the Department of Aging
and Disability Services;
(23) the Texas Education
Agency;
(24) the Judicial Branch
Certification Commission;
(25) a county clerk's office
in relation to a proceeding for the appointment of a guardian under Chapter
XIII, Texas Probate Code;
(26) 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) the Texas Department of
Insurance; [and]
(28) the Teacher Retirement
System of Texas; and
(29) the Texas State
Board of Pharmacy.
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SECTION 11. Section
411.081(i), Government Code, as amended by Chapters 42 (S.B. 966), 266
(H.B. 729), and 583 (S.B. 869), Acts of the 83rd Legislature, Regular
Session, 2013, is reenacted, transferred to Subchapter E-1, Chapter 411,
Government Code, as added by this Act, redesignated as Section 411.0765,
Government Code, and amended to read as follows:
Sec. 411.0765. DISCLOSURE
BY CRIMINAL JUSTICE AGENCY.
(a) A criminal justice
agency may disclose criminal history record information that is the subject
of an order of nondisclosure of criminal history record information under
this subchapter only to other criminal justice agencies, for criminal
justice or regulatory licensing purposes, an agency or entity listed in
Subsection (b), or the person who is the subject of the order.
(b) [(i)] A
criminal justice agency may disclose criminal history record information
that is the subject of an order of nondisclosure of criminal history
record information under this subchapter [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;
(11) the Department of
Assistive and Rehabilitative Services;
(12) the Department of State
Health Services, a local mental health service, a local intellectual and
developmental disability [mental retardation] authority, or a
community center providing services to persons with mental illness or intellectual
or developmental disabilities [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, or a facility as defined by Section 250.001,
Health and Safety Code;
(18) the securities
commissioner, the banking commissioner, the savings and mortgage lending
commissioner, the consumer credit commissioner, or the credit union
commissioner;
(19) the Texas State Board
of Public Accountancy;
(20) the Texas Department of
Licensing and Regulation;
(21) the Health and Human
Services Commission;
(22) the Department of Aging
and Disability Services;
(23) the Texas Education
Agency;
(24) the Judicial Branch
Certification Commission;
(25) a county clerk's office
in relation to a proceeding for the appointment of a guardian under Title
3, Estates [Chapter XIII, Texas Probate] Code;
(26) 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) the Texas Department of
Insurance;
(28) the Teacher Retirement
System of Texas; [and]
(29) [(30)]
the Texas State Board of Pharmacy; and
(30) a bank, savings bank, savings and loan association, credit
union, or mortgage banker, a subsidiary or affiliate of those entities, or
another financial institution regulated by a state regulatory entity listed
in Subdivision (18) or by a corresponding federal regulatory entity, but
only regarding an employee, contractor, subcontractor, intern, or volunteer
of or an applicant for employment by that bank, savings bank, savings and
loan association, credit union, mortgage banker, subsidiary or affiliate,
or financial institution.
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SECTION 12. Subchapter F,
Chapter 411, Government Code, is amended by adding Section 411.0819 to read
as follows:
Sec. 411.0819.
ADMISSIBILITY OF CRIMINAL HISTORY RECORD INFORMATION IN SUBSEQUENT CRIMINAL
PROCEEDING.
Notwithstanding any other
law, criminal history record information that is the subject of an order
of nondisclosure under this subchapter:
(1) shall be admissible before the court or jury at the
trial of any subsequent offense for any
relevant purpose; and
(2) may be disclosed to a
prosecuting attorney and included in an
indictment or information.
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SECTION 13. Subchapter E-1,
Chapter 411, Government Code, as added by this Act, is amended by adding
Section 411.0775 to read as follows:
Sec. 411.0775.
ADMISSIBILITY AND USE OF CERTAIN CRIMINAL HISTORY RECORD INFORMATION IN
SUBSEQUENT CRIMINAL PROCEEDING.
Notwithstanding any other
law, criminal history record information that is
related to a conviction and is the subject of an order of
nondisclosure of criminal history record information under this subchapter may be:
(1) admitted into evidence during the trial of any
subsequent offense if the information is
admissible under the Texas Rules of Evidence or another law; or
(2) disclosed to a
prosecuting attorney for a criminal justice
purpose.
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SECTION 13. Section
109.005(a), Business and Commerce Code, is amended.
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SECTION 14. Substantially
the same as the introduced version.
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SECTION 14. Article 12.03, Code of Criminal Procedure,
is amended by adding Section 5 to read as follows:
Sec. 5. Except as
otherwise provided by Section 5(a-1) of Article 42.12 of this code, the
court after pronouncing the sentence shall inform the defendant of the
defendant's right to petition the court for an order of nondisclosure of
criminal history record information under Subchapter F, Chapter 411,
Government Code, unless the defendant is ineligible to pursue that right
because of the requirements that apply to obtaining such an order in the
defendant's circumstances, such as:
(1) the nature of the
offense for which the defendant is convicted;
(2) the defendant's
criminal history; or
(3) under circumstances when this prohibition on receiving an
order is applicable, because the defendant has previously received an
order of nondisclosure of criminal history record information under
Subchapter F, Chapter 411, Government Code, for another offense.
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SECTION 15. Article 42.03, Code of Criminal Procedure,
is amended by adding Section 5 to read as follows:
Sec. 5. Except as
otherwise provided by Section 5(a-1), Article 42.12, the court after
pronouncing the sentence shall inform the defendant of the defendant's
right to petition the court for an order of nondisclosure of criminal
history record information under Subchapter E-1, Chapter 411, Government
Code, unless the defendant is ineligible to pursue that right because of
the requirements that apply to obtaining the order in the defendant's
circumstances, such as:
(1) the nature of the
offense for which the defendant is convicted; or
(2) the defendant's
criminal history.
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SECTION 15. Section 5(a-1),
Article 42.12, Code of Criminal Procedure, is amended to read as follows:
(a-1) Before placing a
defendant on deferred adjudication community supervision under this
section, the court shall inform the defendant of the defendant's right to receive
or to petition the court for an order of nondisclosure of criminal
history record information under Subchapter F, Chapter 411 [Section
411.081], Government Code, as applicable, unless the defendant
is ineligible to pursue that right because of:
(1) the nature of the
offense for which the defendant is placed on deferred adjudication community
supervision; or
(2) the defendant's criminal
history.
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SECTION 16. Section 5,
Article 42.12, Code of Criminal Procedure, is amended by amending
Subsections (a-1) and (c-1) and adding Subsection (k) to read as follows:
(a-1) Before placing a
defendant on deferred adjudication community supervision under this
section, the court shall inform the defendant of the defendant's right to receive
or petition the court for an order of nondisclosure of criminal
history record information under Subchapter E-1, Chapter 411 [Section
411.081], Government Code, as applicable, unless the defendant
is ineligible for an order [to pursue that right] because of:
(1) the nature of the
offense for which the defendant is placed on deferred adjudication
community supervision; or
(2) the defendant's criminal
history.
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SECTION 16. Section 5(c-1),
Article 42.12, Code of Criminal Procedure, is amended to read as follows:
(c-1) A judge who dismisses
the proceedings against a defendant and discharges the defendant under
Subsection (c) shall:
(1) provide the defendant
with a copy of the order of dismissal and discharge; and
(2) if and as applicable, grant, or
inform the defendant of the
defendant's eligibility to petition the court for, an order of
nondisclosure of criminal history record information under Subchapter
F, Chapter 411 [Section 411.081], Government Code, and if and as applicable the earliest date
the defendant is eligible to receive the
order of nondisclosure or to file the petition for the order of nondisclosure.
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(c-1) A judge who dismisses
the proceedings against a defendant and discharges the defendant under
Subsection (c):
(1) shall[:
[(1)] provide the
defendant with a copy of the order of dismissal and discharge; and
(2) if the judge determines that the defendant is or may become
eligible for an order of nondisclosure of criminal history record
information under Subchapter E-1, Chapter 411, Government Code, shall, as
applicable:
(A) grant an order of
nondisclosure of criminal history record information to the defendant;
(B) inform the defendant of the defendant's eligibility to receive
an order of nondisclosure of criminal history record information without a
petition and the earliest date on which the defendant is eligible to
receive the order; or
(C) [,] inform
the defendant of the defendant's eligibility to petition the court for an
order of nondisclosure of criminal history record information [under
Section 411.081, Government Code,] and the earliest date the defendant
is eligible to file the petition for the order [of nondisclosure].
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No
equivalent provision.
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(k) If a judge places on
deferred adjudication community supervision a defendant charged with a
misdemeanor other than a misdemeanor under Chapter 20, 21, 22, 25, 42, 43,
46, or 71, Penal Code, the judge shall make an affirmative finding of fact
and file a statement of that affirmative finding with the papers in the
case if the judge determines that it is not in the best interest of justice
that the defendant receive an automatic order of nondisclosure under
Section 411.072, Government Code.
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SECTION 17. Section
54.656(a), Government Code, is amended to read as follows:
(a) A judge may refer to a
magistrate any criminal case for proceedings involving:
(1) a negotiated plea of guilty
before the court;
(2) a bond forfeiture;
(3) a pretrial motion;
(4) a postconviction writ of
habeas corpus;
(5) an examining trial;
(6) an occupational driver's
license;
(7) an agreed order of
expunction under Chapter 55, Code of Criminal Procedure;
(8) an asset forfeiture
hearing as provided by Chapter 59, Code of Criminal Procedure;
(9) an agreed order of
nondisclosure provided by Subchapter F, Chapter 411 [Section
411.081];
(10) a hearing on a motion
to revoke probation; and
(11) any other matter the
judge considers necessary and proper.
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SECTION 17. Section
54.656(a), Government Code, is amended to read as follows:
(a) A judge may refer to a
magistrate any criminal case for proceedings involving:
(1) a negotiated plea of
guilty before the court;
(2) a bond forfeiture;
(3) a pretrial motion;
(4) a postconviction writ of
habeas corpus;
(5) an examining trial;
(6) an occupational driver's
license;
(7) an agreed order of
expunction under Chapter 55, Code of Criminal Procedure;
(8) an asset forfeiture
hearing as provided by Chapter 59, Code of Criminal Procedure;
(9) an agreed order of
nondisclosure of criminal history record
information or an order of nondisclosure of criminal history record
information that does not require a petition provided by Subchapter
E-1, Chapter 411 [Section 411.081];
(10) a hearing on a motion
to revoke probation; and
(11) any other matter the
judge considers necessary and proper.
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SECTION 18. Section
103.0211, Government Code, is amended.
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SECTION 18. Substantially
the same as the introduced version.
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SECTION 19. Section
123.001(b), Government Code, is amended.
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SECTION 19. Substantially
the same as the introduced version.
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No
equivalent provision.
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SECTION 20. Section
411.081(a), Government Code, is amended to read as follows:
(a) This subchapter does not
apply to criminal history record information that is contained in:
(1) posters, announcements,
or lists for identifying or apprehending fugitives or wanted persons;
(2) original records of entry,
including police blotters maintained by a criminal justice agency that are
compiled chronologically and required by law or long-standing practice to
be available to the public;
(3) public judicial,
administrative, or legislative proceedings;
(4) court records of public
judicial proceedings[, except as provided by Subsection (g-3)];
(5) published judicial or
administrative opinions; or
(6) announcements of
executive clemency.
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No
equivalent provision.
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SECTION 21. Section
411.083(a), Government Code, is amended to read as follows:
(a) Criminal history record
information maintained by the department is confidential information for
the use of the department and, except as provided by this subchapter or
Subchapter E-1, may not be disseminated by the department.
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No
equivalent provision.
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SECTION 22. Section
411.0835, Government Code, is amended to read as follows:
Sec. 411.0835. PROHIBITION
AGAINST DISSEMINATION TO CERTAIN PRIVATE ENTITIES. If the department
receives information indicating that a private entity that purchases
criminal history record information from the department has been found by a
court to have committed three or more violations of Section 552.1425 by
compiling or disseminating information with respect to which an order of
expunction has been issued under Article 55.02, Code of Criminal
Procedure, or an order of nondisclosure of criminal history record
information has been issued under Subchapter E-1, the department
may not release any criminal history record information to that entity
until the first anniversary of the date of the most recent violation.
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SECTION 20. Section
411.0851(a), Government Code, is amended.
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SECTION 23. Substantially
the same as the introduced version.
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No
equivalent provision.
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SECTION 24. Sections 411.087(a)
and (b), Government Code, are amended to read as follows:
(a) Unless otherwise
authorized by Subsection (e), a person, agency, department, political
subdivision, or other entity that is authorized by this subchapter or
Subchapter E-1 to obtain from the department criminal history record
information maintained by the department that relates to another person is
authorized to:
(1) obtain through the
Federal Bureau of Investigation criminal history record information
maintained or indexed by that bureau that pertains to that person; or
(2) obtain from any other
criminal justice agency in this state criminal history record information
maintained by that criminal justice agency that relates to that person.
(b) Any restriction or
limitation in this subchapter or Subchapter E-1 on criminal history
record information that a person, agency, department, political
subdivision, or other entity is entitled to obtain from the department
applies equally to the criminal history record information that the person,
agency, department, political subdivision, or other entity is entitled to
obtain from the identification division of the Federal Bureau of
Investigation or other criminal justice agency.
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No
equivalent provision.
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SECTION 25. Section
411.122(c), Government Code, is amended to read as follows:
(c) This section does not
apply to an agency that is:
(1) specifically authorized
by this subchapter or Subchapter E-1 to obtain criminal history
record information from the department; or
(2) covered by Section 53.002,
Occupations Code, to the extent provided by that section.
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No
equivalent provision.
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SECTION 26. The heading to
Section 552.142, Government Code, is amended to read as follows:
Sec. 552.142. EXCEPTION:
CONFIDENTIALITY OF RECORDS SUBJECT TO ORDER OF NONDISCLOSURE [OF
CERTAIN DEFERRED ADJUDICATIONS].
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SECTION 21. Section
552.142(a), Government Code, is amended.
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SECTION 27. Substantially
the same as the introduced version.
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SECTION 22. Section
552.1425(a), Government Code, is amended.
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SECTION 28. Substantially
the same as the introduced version.
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SECTION 23. Section
169.001(b), Health and Safety Code, is amended.
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SECTION 29. Substantially
the same as the introduced version.
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SECTION 24. Section
169A.001(b), Health and Safety Code, is amended.
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SECTION 30. Substantially
the same as the introduced version.
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SECTION 25. Section
53.021(e), Occupations Code, is amended.
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SECTION 31. Substantially
the same as the introduced version.
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SECTION 26. The changes in
law made by this Act apply only in relation
to an offense committed on or after the effective date of this Act.
Matters relating to an order of
nondisclosure of criminal history record information in relation to
an offense committed before the effective date of this Act are governed by
the law on such orders in effect immediately before the effective date of this Act,
and the prior law is continued in effect for this purpose.
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SECTION 32. The changes in
law made by this Act apply only to the
issuance of an order of nondisclosure of criminal history record
information for an offense committed on or after the effective date
of this Act. The issuance of an order of
nondisclosure of criminal history record information for an offense
committed before the effective date of this Act is governed by the law in
effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an
offense is committed before the effective date of this Act if any element
of the offense occurs before the effective date.
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No
equivalent provision.
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SECTION 33. To the extent of
any conflict, this Act prevails over another Act of the 84th Legislature,
Regular Session, 2015, relating to nonsubstantive additions to and
corrections in enacted codes.
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SECTION 27. This Act takes
effect September 1, 2015.
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SECTION 34. Same as
introduced version.
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