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A BILL TO BE ENTITLED
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AN ACT
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relating to a study on the availability of information regarding |
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convictions and deferred dispositions for certain misdemeanors |
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punishable by fine only. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The Office of Court Administration of the |
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Texas Judicial System shall conduct a study on how records |
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regarding misdemeanors punishable by fine only, other than traffic |
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offenses, are held in different Texas counties. |
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(b) The study must address, with respect to each county: |
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(1) the public availability of conviction records for |
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misdemeanors punishable by fine only; |
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(2) the public availability of records relating to |
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suspension of sentence and deferral of final disposition under |
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Article 45.051, Code of Criminal Procedure, for misdemeanors |
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punishable by fine only; |
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(3) the public availability of records described by |
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Subdivision (1) or (2) of this subsection that are related to a |
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child younger than 18 years of age; |
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(4) whether public access to and availability of |
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records described by Subdivisions (1)-(3) have been expanded or |
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restricted by the county over time; |
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(5) whether local agencies holding records described |
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by Subdivisions (1)-(3) destroy those records; |
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(6) the reasons and criteria for any destruction of |
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records described by Subdivisions (1)-(3); and |
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(7) the retention schedule of each local agency |
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holding records described by Subdivisions (1)-(3), if the agency |
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routinely destroys those records. |
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(c) Not later than January 1, 2019, the Office of Court |
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Administration shall issue a report on the study required under |
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this section to the lieutenant governor, the speaker of the house of |
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representatives, and the appropriate standing committees of the |
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house of representatives and the senate. |
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(d) This section expires September 1, 2019. |
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SECTION 2. 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, 2017. |