Texas 2009 - 81st Regular

Texas House Bill HB2213 Compare Versions

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1	1	By: Farrar, Brown of Brazos, Edwards, Hodge, H.B. No. 2213
2	2	Naishtat, et al.
3	3	Substitute the following for H.B. No. 2213:
4	4	By: Miklos C.S.H.B. No. 2213
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the consequences of community supervision and to
10	10	petitions and procedures for the expunction of criminal records and
11	11	files and to orders of nondisclosure.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. This Act may be cited as the Community
14	14	Supervision and Expunction Reform Act of 2009.
15	15	SECTION 2. Article 55.01, Code of Criminal Procedure, is
16	16	amended by adding Subsections (a-2), (a-3), (a-4), (a-5), and (a-6)
17	17	to read as follows:
18	18	(a-2) A person who has had an order of deferred adjudication
19	19	community supervision granted under Section 5, Article 42.12 may
20	20	petition the court under Article 55.02:
21	21	(1) if the offense for which the person was placed on
22	22	deferred adjudication community supervision was a misdemeanor
23	23	described by Subdivision (2) or (3), or a state jail felony
24	24	described by Subdivision (4), and is not an offense described by
25	25	Subdivisions (a-3)(1), or (a-3)(2);
26	26	(2) on or after the second anniversary of the
27	27	discharge and dismissal, if the offense for which the person was
28	28	placed on community supervision was a Class B misdemeanor;
29	29	(3) on or after the fifth anniversary of the discharge
30	30	and dismissal, if the offense for which the person was placed on
31	31	community supervision was a Class A misdemeanor;
32	32	(4) on or after the seventh anniversary of the
33	33	discharge and dismissal, if the offense for which the person was
34	34	placed on community supervision was a state jail felony;
35	35	(a-3) A defendant is not eligible to petition the court for
36	36	expunction under this subsection if:
37	37	(1) the offense committed was an offense under Chapter
38	38	21, 22, 36, 39, or 49, Penal Code;
39	39	(2) for any crime that has been enhanced by a previous
40	40	offense; or
41	41	(3) the person has had an offense previously expunged,
42	42	other than an offense under the Transportation Code punishable by
43	43	fine only.
44	44	(a-4) A person is entitled to petition the court under
45	45	Article 55.02 only if during the applicable period described by
46	46	Subsection (a-2)(2) or (3), the person is not convicted of or placed
47	47	on deferred adjudication community supervision, or charged with any
48	48	offense other than an offense under the Transportation Code
49	49	punishable by fine only.
50	50	(a-5) A person is entitled to petition the court under
51	51	Article 55.02 only if during the applicable period described by
52	52	Subsection (a-2)(4), the person is not convicted of or placed on
53	53	deferred adjudication community supervision, or charged with any
54	54	offense other than an offense under the Transportation Code
55	55	punishable by fine only, and the judge has the discretion, but is
56	56	not required, to grant an order of expunction filed under
57	57	Subsection (a-2)(4).
58	58	(a-6) A person not otherwise entitled to petition for
59	59	expunction under Subsection (a-2) is entitled to have all records
60	60	and files relating to the custodial or non-custodial arrest of the
61	61	person for the commission of an offense under the Transportation
62	62	Code punishable by fine only expunged if the person:
63	63	(1) committed the offense not less than five years
64	64	before filing a petition for expunction with respect to the
65	65	offense; and
66	66	(2) has not been convicted of or placed on deferred
67	67	adjudication community supervision, or charged with any other
68	68	offense in the five years preceding the time of filing the petition.
69	69	SECTION 3. Section 2(a), Article 55.02, Code of Criminal
70	70	Procedure, is amended to read as follows:
71	71	(a) A person who is entitled to expunction of records and
72	72	files under Article 55.01(a) or (a-6) or a person who is eligible
73	73	for expunction of records and files under Article 55.01(b) may file
74	74	an ex parte petition for expunction in a district court for the
75	75	county in which:
76	76	(1) the petitioner was arrested; or
77	77	(2) the offense was alleged to have occurred.
78	78	SECTION 4. Section 411.081 (d), Government Code, is amended
79	79	to read as follows:
80	80	(d) Notwithstanding any other provision of this subchapter,
81	81	if a person is placed on deferred adjudication community
82	82	supervision under Section 5, Article 42.12, Code of Criminal
83	83	Procedure, subsequently receives a discharge and dismissal under
84	84	Section 5(c), Article 42.12, and satisfies the requirements of
85	85	Subsection (e), the person may petition the court that placed the
86	86	defendant on deferred adjudication for an order of nondisclosure
87	87	under this subsection. Except as provided by Subsection (e), a
88	88	person may petition the court under this subsection regardless of
89	89	whether the person has been previously placed on deferred
90	90	adjudication community supervision for another offense. After
91	91	notice to the state and a hearing on whether the person is entitled
92	92	to file the petition and issuance of the order is in the best
93	93	interest of justice, the court shall issue an order prohibiting
94	94	criminal justice agencies from disclosing to the public criminal
95	95	history record information related to the offense giving rise to
96	96	the deferred adjudication. A criminal justice agency may disclose
97	97	criminal history record information that is the subject of the
98	98	order only to other criminal justice agencies, for criminal justice
99	99	or regulatory licensing purposes, an agency or entity listed in
100	100	Subsection (i), or the person who is the subject of the order. A
101	101	person may petition the court that placed the person on deferred
102	102	adjudication for an order of nondisclosure on payment of a $28 fee
103	103	to the clerk of the court in addition to any other fee that
104	104	generally applies to the filing of a civil petition. The payment
105	105	may be made only on or after:
106	106	(1) the discharge and dismissal, if the offense for
107	107	which the person was placed on deferred adjudication was a
108	108	misdemeanor other than a misdemeanor described by Subdivision (2);
109	109	(2) the second anniversary of the discharge and
110	110	dismissal, if the offense for which the person was placed on
111	111	deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
112	112	25, 42, or 46, Penal Code; or
113	113	(3) the fifth anniversary of the discharge and
114	114	dismissal, if the offense for which the person was placed on
115	115	deferred adjudication was a felony.
116	116	SECTION 5. (a) The following provisions of the Government
117	117	Code are repealed:
118	118	(1) Sections 411.081(i).
119	119	SECTION 6. Section 552.1425(b), Government Code, is amended
120	120	to read as follows:
121	121	(b) The [A district court may issue a warning to a private
122	122	entity for a first violation of Subsection (a). After receiving a
123	123	warning for the first violation, the] private entity is liable to
124	124	the state for a civil penalty not to exceed $1,000 for each
125	125	subsequent violation.
126	126	SECTION 7. Section 469.001(b), Health and Safety Code, is
127	127	amended to read as follows:
128	128	(b) If a defendant successfully completes a drug court
129	129	program, regardless of whether the defendant was convicted of the
130	130	offense for which the defendant entered the program or whether the
131	131	court deferred further proceedings without entering an
132	132	adjudication of guilt, after notice to the state and a hearing on
133	133	whether the defendant is otherwise entitled to the petition and
134	134	whether issuance of the order is in the best interest of justice,
135	135	the court shall enter an order of nondisclosure under Section
136	136	411.081, Government Code, as if the defendant had received a
137	137	discharge and dismissal under Section 5(c), Article 42.12, Code of
138	138	Criminal Procedure, or an expunction under Article 55.01, Code of
139	139	Criminal Procedure, with respect to all records and files related
140	140	to the defendant's arrest for the offense for which the defendant
141	141	entered the program if the defendant:
142	142	(1) has not been previously convicted of a felony
143	143	offense; and
144	144	(2) is not convicted for any other felony offense
145	145	before the second anniversary of the defendant's successful
146	146	completion of the program.
147	147	SECTION 8. The change in law made by this Act to Chapter 55,
148	148	Code of Criminal Procedure, applies to a person seeking expunction
149	149	of records and files relating to an arrest on or after the effective
150	150	date of this Act, regardless of whether the arrest occurred before,
151	151	on, or after the effective date of this Act.
152	152	SECTION 9. This Act takes effect September 1, 2009.