Texas 2009 - 81st Regular

Texas House Bill HB954 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R754 PEP-D
2	2	By: Dutton H.B. No. 954
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restrictions on the disclosure of certain criminal
8	8	history records and to the duty of law enforcement agencies
9	9	regarding records associated with certain defendants; creating an
10	10	offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 411.081(d), Government Code, is amended
13	13	to read as follows:
14	14	(d) Notwithstanding any other provision of this subchapter,
15	15	if a person is placed on community supervision, including deferred
16	16	adjudication community supervision, under [Section 5,] Article
17	17	42.12, Code of Criminal Procedure, successfully completes the
18	18	period of community supervision or [subsequently] receives a
19	19	discharge and dismissal under Section 5(c), Article 42.12, Code of
20	20	Criminal Procedure, as applicable, and satisfies the requirements
21	21	of Subsection (e), the person may petition the court that placed the
22	22	person [defendant] on community supervision [deferred
23	23	adjudication] for an order of nondisclosure under this subsection.
24	24	Except as provided by Subsection (e), a person may petition the
25	25	court under this subsection regardless of whether the person has
26	26	been previously placed on [deferred adjudication] community
27	27	supervision for another offense. After notice to the state and a
28	28	hearing on whether the person is entitled to file the petition and
29	29	issuance of the order is in the best interest of justice, the court
30	30	shall issue an order prohibiting criminal justice agencies from
31	31	disclosing to the public criminal history record information
32	32	related to the offense giving rise to the community supervision
33	33	[deferred adjudication]. A criminal justice agency may disclose
34	34	criminal history record information that is the subject of the
35	35	order only to other criminal justice agencies, for criminal justice
36	36	or regulatory licensing purposes, an agency or entity listed in
37	37	Subsection (i), or the person who is the subject of the order. A
38	38	person may petition the court [that placed the person on deferred
39	39	adjudication] for an order of nondisclosure on payment of a $28 fee
40	40	to the clerk of the court in addition to any other fee that
41	41	generally applies to the filing of a civil petition. The payment
42	42	may be made only on or after:
43	43	(1) the date on which the period of community
44	44	supervision expires or, for a person who was placed on deferred
45	45	adjudication community supervision, the date on which the
46	46	proceedings are dismissed and the person is discharged under
47	47	Section 5(c), Article 42.12 [the discharge and dismissal], if the
48	48	offense for which the person was placed on community supervision
49	49	[deferred adjudication] was a misdemeanor other than a misdemeanor
50	50	described by Subdivision (2);
51	51	(2) the second anniversary of the date described by
52	52	Subdivision (1) [discharge and dismissal], if the offense for which
53	53	the person was placed on community supervision [deferred
54	54	adjudication] was a misdemeanor under Chapter 20, 21, 22, 25, 42, or
55	55	46, Penal Code; or
56	56	(3) the fifth anniversary of the date described by
57	57	Subdivision (1) [discharge and dismissal], if the offense for which
58	58	the person was placed on community supervision [deferred
59	59	adjudication] was a felony.
60	60	SECTION 2. The heading to Section 552.142, Government Code,
61	61	is amended to read as follows:
62	62	Sec. 552.142. EXCEPTION: [RECORDS OF] CERTAIN CRIMINAL
63	63	HISTORY RECORDS [DEFERRED ADJUDICATIONS].
64	64	SECTION 3. Chapter 39, Penal Code, is amended by adding
65	65	Section 39.07 to read as follows:
66	66	Sec. 39.07. PROHIBITED COMPILATION OR DISSEMINATION OF
67	67	CRIMINAL HISTORY RECORD INFORMATION. (a) A person commits an
68	68	offense if, with intent to obtain a benefit or with intent to harm
69	69	or defraud another, the person compiles or disseminates criminal
70	70	history record information that the person knows is the subject of
71	71	an order of nondisclosure issued under Section 411.081, Government
72	72	Code.
73	73	(b) An offense under this section is a Class A misdemeanor.
74	74	(c) It is a defense to prosecution under this section that
75	75	the person compiled or disseminated the information for a purpose
76	76	described by Section 411.083(a) or (b)(1), (2), or (3), Government
77	77	Code, or another purpose specifically authorized by law.
78	78	SECTION 4. The change in law made by this Act to Section
79	79	411.081(d), Government Code, applies to criminal history record
80	80	information related to the placement of a person on community
81	81	supervision regardless of whether the community supervision was
82	82	ordered before, on, or after the effective date of this Act.
83	83	SECTION 5. This Act takes effect September 1, 2009.