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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal history record information that is subject to |
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an order of nondisclosure and prohibiting a person's waiver of a |
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right to an expunction or to an order of nondisclosure with respect |
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to a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01, Code of Criminal Procedure, is |
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amended by adding Subsection (e) to read as follows: |
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(e) Notwithstanding Article 1.14(a), a person may not |
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waive, as part of an agreement regarding the disposition of |
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criminal charges based on the person's commission of an alleged |
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offense, any right of the person to an expunction under this chapter |
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that may exist in relation to the charged offense on or after the |
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date the waiver is signed, unless the waiver is requested as a |
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condition of the person's participation in a pretrial diversion |
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program that could result in a dismissal of the charged offense. A |
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waiver of a right to an expunction made in violation of this |
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subsection is void. |
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SECTION 2. Section 411.081, Government Code, is amended by |
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amending Subsection (d) and adding Subsection (j) to read as |
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follows: |
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(d) Notwithstanding any other provision of this subchapter, |
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if a person is placed on deferred adjudication community |
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supervision under Section 5, Article 42.12, Code of Criminal |
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Procedure, subsequently receives a discharge and dismissal under |
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Section 5(c), Article 42.12, and satisfies the requirements of |
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Subsection (e), the person may petition the court that placed the |
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defendant on deferred adjudication for an order of nondisclosure |
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under this subsection. Except as provided by Subsection (e), a |
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person may petition the court for an order of nondisclosure |
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regardless of whether the person has been previously placed on |
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deferred adjudication community supervision for another |
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offense. After notice to the state, an opportunity for a hearing, |
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and a determination that the person is entitled to file the petition |
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and issuance of the order is in the best interest of justice, the |
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court shall issue an order prohibiting criminal justice agencies |
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from disclosing to the public all criminal history record |
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information related to the offense giving rise to the deferred |
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adjudication, including information related to any other offense |
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arising out of the same transaction as the offense for which the |
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person was placed on deferred adjudication community supervision, |
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if the other offense has not resulted in a final conviction and is |
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no longer pending and if there was no court-ordered community |
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supervision under Article 42.12, Code of Criminal Procedure, for |
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the other offense. A criminal justice agency may disclose criminal |
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history record information that is the subject of the order only to |
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other criminal justice agencies[,] for criminal justice or |
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regulatory licensing purposes, an agency or entity listed in |
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Subsection (i), or the person who is the subject of the order. A |
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person may petition the court that placed the person on deferred |
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adjudication for an order of nondisclosure only on or after: |
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(1) the discharge and dismissal, if the offense for |
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which the person was placed on deferred adjudication was a |
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misdemeanor other than a misdemeanor described by Subdivision (2); |
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(2) the second anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a misdemeanor under Chapter 20, 21, 22, |
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25, 42, or 46, Penal Code; or |
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(3) the fifth anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a felony. |
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(j) Notwithstanding Article 1.14(a), Code of Criminal |
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Procedure, a person may not waive, as part of an agreement regarding |
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the disposition of criminal charges based on the person's |
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commission of an alleged offense, any right of the person to an |
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order of nondisclosure under this section that may exist in |
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relation to that offense on or after the date the waiver is signed. |
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A purported waiver of that right is void. |
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SECTION 3. (a) The changes in law made by this Act in |
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adding Article 55.01(e), Code of Criminal Procedure, and Section |
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411.081(j), Government Code, apply only to a waiver of a person's |
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right to an expunction or an order of nondisclosure made on or after |
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the effective date of this Act. A waiver made before the effective |
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date of this Act is governed by the law in effect on the date the |
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waiver was made, and the former law is continued in effect for that |
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purpose. |
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(b) The change in law made by this Act in amending Section |
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411.081(d), Government Code, applies to a person who petitions the |
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court for an order of nondisclosure on or after September 1, 2015, |
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regardless of whether the person is placed on deferred adjudication |
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community supervision before, on, or after that date. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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* * * * * |