By: Hinojosa S.B. No. 2075
(In the Senate - Filed March 12, 2009; March 31, 2009, read
first time and referred to Committee on Criminal Justice;
May 4, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 1; May 4, 2009, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2075 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the consequences of successfully completing a term of
deferred adjudication community supervision with respect to the
expunction or use of certain criminal history records and files.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (e) to
read as follows:
(b) Except as provided by Subsection (c) [of this section],
a district court may expunge all records and files relating to the
arrest of a person who has been arrested for commission of a felony
or misdemeanor under the procedure established under Article 55.02
[of this code] if the person [is]:
(1) is tried for the offense for which the person was
arrested,[;
[(2)] is convicted of the offense,[;] and
[(3)] is acquitted by the court of criminal appeals;
or
(2) is placed on deferred adjudication community
supervision under Section 5, Article 42.12, for the offense for
which the person was arrested and meets the requirements of
Subsection (e).
(e) A person is eligible for an expunction under Subsection
(b)(2) if the person:
(1) meets the requirements to be eligible for an order
of nondisclosure under Section 411.081(d), Government Code, with
respect to the offense for which the person was arrested and placed
on deferred adjudication community supervision, regardless of
whether, with respect to that offense, an order of nondisclosure
was previously issued to the person or the person previously
petitioned the court for an order of nondisclosure;
(2) with respect to the offense for which the person
was arrested and placed on deferred adjudication community
supervision, petitions the court for an order of expunction under
Article 55.02 only on or after:
(A) the second anniversary of the discharge and
dismissal, if the offense was a misdemeanor described by Section
411.081(d)(1), Government Code;
(B) the fourth anniversary of the discharge and
dismissal, if the offense was a misdemeanor described by Section
411.081(d)(2), Government Code;
(C) the eighth anniversary of the discharge and
dismissal, if the offense was a state jail felony; or
(D) the 10th anniversary of the discharge and
dismissal, if the offense was a felony other than a state jail
felony; and
(3) during the period of deferred adjudication
community supervision for the offense and during the applicable
period described by Subdivision (2), is not convicted of or placed
on deferred adjudication community supervision for any offense
other than an offense under the Transportation Code punishable by
fine only.
SECTION 2. Section 53.021, Occupations Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) Except as provided by Subsections (d) and (e),
notwithstanding any other law, a licensing authority may not
consider a person to have been convicted of an offense for purposes
of this section if, regardless of the statutory authorization:
(1) the person entered a plea of guilty or nolo
contendere;
(2) the judge deferred further proceedings without
entering an adjudication of guilt and placed the person under the
supervision of the court or an officer under the supervision of the
court; and
(3) at the end of the period of supervision, the judge
dismissed the proceedings and discharged the person.
(d) A licensing authority may consider a person to have been
convicted of an offense for purposes of this section regardless of
whether the proceedings were dismissed and the person was
discharged as described by Subsection (c) if, after consideration
of the factors described by Sections 53.022 and 53.023(a), the
licensing authority determines that:
(1) the person may pose a continued threat to public
safety; or
(2) employment of the person in the licensed
occupation would create a situation in which the person has an
opportunity to repeat the prohibited conduct.
(e) Subsection (c) does not apply if the person is an
applicant for or the holder of a license that authorizes the person
to provide law enforcement or public health, education, or safety
services.
SECTION 3. The change in law made by this Act to Article
55.01, Code of Criminal Procedure, applies to a person who, on or
after the effective date of this Act, seeks expunction of records
and files relating to an arrest, regardless of whether the arrest
occurred before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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