Texas 2009 - 81st Regular

Texas Senate Bill SB1056 Compare Versions

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Old	New	Differences
1	1	S.B. No. 1056
2	2
3	3
4	4	AN ACT
5	5	relating to authorizing a criminal justice agency to disclose
6	6	certain criminal history record information and to orders of
7	7	disclosure regarding such information.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.081, Government Code, is amended by
10	10	adding Subsections (f-1) and (j) and amending Subsection (i) to
11	11	read as follows:
12	12	(f-1) In this subsection, "child" has the meaning assigned
13	13	by Section 51.02, Family Code. Notwithstanding any other provision
14	14	of this subchapter, on conviction of a child for a misdemeanor
15	15	offense punishable by fine only that does not constitute conduct
16	16	indicating a need for supervision under Section 51.03, Family Code,
17	17	the convicting court shall immediately issue an order prohibiting
18	18	criminal justice agencies from disclosing to the public criminal
19	19	history record information related to the offense. A criminal
20	20	justice agency may disclose criminal history record information
21	21	that is the subject of the order only to other criminal justice
22	22	agencies for criminal justice purposes, to an agency or entity
23	23	listed in Subsection (j), or to the person who is the subject of the
24	24	order.
25	25	(i) A criminal justice agency may disclose criminal history
26	26	record information that is the subject of an order of nondisclosure
27	27	under Subsection (d) to the following noncriminal justice agencies
28	28	or entities only:
29	29	(1) the State Board for Educator Certification;
30	30	(2) a school district, charter school, private school,
31	31	regional education service center, commercial transportation
32	32	company, or education shared service arrangement;
33	33	(3) the Texas Medical Board;
34	34	(4) the Texas School for the Blind and Visually
35	35	Impaired;
36	36	(5) the Board of Law Examiners;
37	37	(6) the State Bar of Texas;
38	38	(7) a district court regarding a petition for name
39	39	change under Subchapter B, Chapter 45, Family Code;
40	40	(8) the Texas School for the Deaf;
41	41	(9) the Department of Family and Protective Services;
42	42	(10) the Texas Youth Commission;
43	43	(11) the Department of Assistive and Rehabilitative
44	44	Services;
45	45	(12) the Department of State Health Services, a local
46	46	mental health service, a local mental retardation authority, or a
47	47	community center providing services to persons with mental illness
48	48	or retardation;
49	49	(13) the Texas Private Security Board;
50	50	(14) a municipal or volunteer fire department;
51	51	(15) the Texas Board of Nursing;
52	52	(16) a safe house providing shelter to children in
53	53	harmful situations;
54	54	(17) a public or nonprofit hospital or hospital
55	55	district;
56	56	(18) the Texas Juvenile Probation Commission;
57	57	(19) the securities commissioner, the banking
58	58	commissioner, the savings and mortgage lending commissioner, or the
59	59	credit union commissioner;
60	60	(20) the Texas State Board of Public Accountancy;
61	61	(21) the Texas Department of Licensing and Regulation;
62	62	(22) the Health and Human Services Commission;
63	63	(23) the Department of Aging and Disability Services;
64	64	[and]
65	65	(24) the Texas Education Agency;
66	66	(25) the Guardianship Certification Board; and
67	67	(26) a county clerk's office in relation to a
68	68	proceeding for the appointment of a guardian under Chapter XIII,
69	69	Texas Probate Code.
70	70	(j) A criminal justice agency may disclose criminal history
71	71	record information that is the subject of an order of nondisclosure
72	72	under Subsection (f-1) to the following agencies or entities only:
73	73	(1) the Texas Youth Commission;
74	74	(2) the Texas Juvenile Probation Commission;
75	75	(3) the Department of State Health Services, a local
76	76	mental health or mental retardation authority, or a community
77	77	center providing services to persons with mental illness or
78	78	retardation;
79	79	(4) the Department of Family and Protective Services;
80	80	(5) a juvenile probation department;
81	81	(6) a municipal or county health department;
82	82	(7) a public or nonprofit hospital or hospital
83	83	district;
84	84	(8) a county department that provides services to
85	85	at-risk youth or their families;
86	86	(9) a children's advocacy center established under
87	87	Section 264.402, Family Code;
88	88	(10) a school district, charter school, private
89	89	school, regional education service center, commercial
90	90	transportation company, or education shared service arrangement;
91	91	and
92	92	(11) a safe house providing shelter to children in
93	93	harmful situations.
94	94	SECTION 2. Subsection (a), Section 411.0851, Government
95	95	Code, is amended to read as follows:
96	96	(a) A private entity that compiles and disseminates for
97	97	compensation criminal history record information shall destroy and
98	98	may not disseminate any information in the possession of the entity
99	99	with respect to which the entity has received notice that:
100	100	(1) an order of expunction has been issued under
101	101	Article 55.02, Code of Criminal Procedure; or
102	102	(2) an order of nondisclosure has been issued under
103	103	Section 411.081(d) or (f-1).
104	104	SECTION 3. The heading to Section 552.142, Government Code,
105	105	is amended to read as follows:
106	106	Sec. 552.142. EXCEPTION: RECORDS OF CERTAIN DEFERRED
107	107	ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY.
108	108	SECTION 4. Subsection (a), Section 552.142, Government
109	109	Code, is amended to read as follows:
110	110	(a) Information is excepted from the requirements of
111	111	Section 552.021 if an order of nondisclosure with respect to the
112	112	information has been issued under Section 411.081(d) or (f-1).
113	113	SECTION 5. Subsection (a), Section 552.1425, Government
114	114	Code, is amended to read as follows:
115	115	(a) A private entity that compiles and disseminates for
116	116	compensation criminal history record information may not compile or
117	117	disseminate information with respect to which the entity has
118	118	received notice that:
119	119	(1) an order of expunction has been issued under
120	120	Article 55.02, Code of Criminal Procedure; or
121	121	(2) an order of nondisclosure has been issued under
122	122	Section 411.081(d) or (f-1).
123	123	SECTION 6. The change in law made by this Act applies to a
124	124	conviction that occurs on or after the effective date of this Act,
125	125	regardless of whether the offense was committed before, on, or
126	126	after the effective date of this Act.
127	127	SECTION 7. Notwithstanding Section 6 of this Act, a child,
128	128	as that term is defined by Section 51.02, Family Code, who is
129	129	convicted of a misdemeanor offense punishable by fine only that
130	130	does not constitute conduct indicating a need for supervision under
131	131	Section 51.03, Family Code, before the effective date of this Act
132	132	may petition the court for an order of nondisclosure, and the court
133	133	shall issue the order under Subsection (f-1), Section 411.081,
134	134	Government Code, as added by this Act.
135	135	SECTION 8. This Act takes effect immediately if it receives
136	136	a vote of two-thirds of all the members elected to each house, as
137	137	provided by Section 39, Article III, Texas Constitution. If this
138	138	Act does not receive the vote necessary for immediate effect, this
139	139	Act takes effect September 1, 2009.
140	140	______________________________ ______________________________
141	141	President of the Senate Speaker of the House
142	142	I hereby certify that S.B. No. 1056 passed the Senate on
143	143	April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
144	144	the Senate concurred in House amendment on May 29, 2009, by the
145	145	following vote: Yeas 31, Nays 0.
146	146	______________________________
147	147	Secretary of the Senate
148	148	I hereby certify that S.B. No. 1056 passed the House, with
149	149	amendment, on May 26, 2009, by the following vote: Yeas 142,
150	150	Nays 0, two present not voting.
151	151	______________________________
152	152	Chief Clerk of the House
153	153	Approved:
154	154	______________________________
155	155	Date
156	156	______________________________
157	157	Governor