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A BILL TO BE ENTITLED
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AN ACT
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relating to the prompt issuance of an order of nondisclosure for |
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certain defendants; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.081, Government Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) A person eligible for an order of nondisclosure on or |
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after the discharge and dismissal under Subsection (d)(1) may |
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petition the court that placed the person on deferred adjudication |
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for an order of nondisclosure to be issued at the time the court |
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discharges the defendant and dismisses the proceedings under |
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Section 5(c), Article 42.12, Code of Criminal Procedure. A person |
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who petitions the court under this subsection is not required to pay |
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the costs generally applicable to filing a civil petition, but is |
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required to pay the $28 filing fee imposed under Subsection (f-1). |
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A court that receives a petition under this subsection may, at the |
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time of discharge and dismissal, issue an order of nondisclosure in |
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the manner provided by Subsection (d) as if the petition had been |
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filed under that subsection. |
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SECTION 2. Sections 5(a-1) and (c-1), Article 42.12, Code |
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of Criminal Procedure, are amended to read as follows: |
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(a-1) Before placing a defendant on deferred adjudication |
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community supervision under this section, the court shall inform |
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the defendant of the defendant's right to petition the court for an |
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order of nondisclosure under Section 411.081, Government Code, |
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including the right of an eligible defendant to file a petition |
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under Subsection (d-1) of that section, unless the defendant is |
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ineligible to pursue that right because of: |
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(1) the nature of the offense for which the defendant |
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is placed on deferred adjudication community supervision; or |
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(2) the defendant's criminal history. |
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(c-1) A judge who dismisses the proceedings against a |
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defendant and discharges the defendant under Subsection (c) shall: |
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(1) provide the defendant with a copy of the order of |
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dismissal and discharge; and |
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(2) if applicable: |
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(A) enter an order of nondisclosure for an |
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eligible defendant who filed a petition with the court under |
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Section 411.081(d-1), Government Code; or |
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(B) [,] inform the defendant of the defendant's |
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eligibility to petition the court for an order of nondisclosure |
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under Section 411.081, Government Code, and the earliest date the |
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defendant is eligible to file the petition [for the order of
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nondisclosure]. |
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SECTION 3. The change in law made by this Act applies to a |
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discharge and dismissal that occurs on or after the effective date |
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of this Act, regardless of whether the offense for which the |
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defendant was placed on deferred adjudication community |
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supervision occurred before, on, or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |