Texas 2009 - 81st Regular

Texas Senate Bill SB2075 Compare Versions

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1	1	By: Hinojosa S.B. No. 2075
2	2	(In the Senate - Filed March 12, 2009; March 31, 2009, read
3	3	first time and referred to Committee on Criminal Justice;
4	4	May 4, 2009, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 5, Nays 1; May 4, 2009, sent
6	6	to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 2075 By: Whitmire
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the consequences of successfully completing a term of
13	13	deferred adjudication community supervision with respect to the
14	14	expunction or use of certain criminal history records and files.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Article 55.01, Code of Criminal Procedure, is
17	17	amended by amending Subsection (b) and adding Subsection (e) to
18	18	read as follows:
19	19	(b) Except as provided by Subsection (c) [of this section],
20	20	a district court may expunge all records and files relating to the
21	21	arrest of a person who has been arrested for commission of a felony
22	22	or misdemeanor under the procedure established under Article 55.02
23	23	[of this code] if the person [is]:
24	24	(1) is tried for the offense for which the person was
25	25	arrested,[;
26	26	[(2)] is convicted of the offense,[;] and
27	27	[(3)] is acquitted by the court of criminal appeals;
28	28	or
29	29	(2) is placed on deferred adjudication community
30	30	supervision under Section 5, Article 42.12, for the offense for
31	31	which the person was arrested and meets the requirements of
32	32	Subsection (e).
33	33	(e) A person is eligible for an expunction under Subsection
34	34	(b)(2) if the person:
35	35	(1) meets the requirements to be eligible for an order
36	36	of nondisclosure under Section 411.081(d), Government Code, with
37	37	respect to the offense for which the person was arrested and placed
38	38	on deferred adjudication community supervision, regardless of
39	39	whether, with respect to that offense, an order of nondisclosure
40	40	was previously issued to the person or the person previously
41	41	petitioned the court for an order of nondisclosure;
42	42	(2) with respect to the offense for which the person
43	43	was arrested and placed on deferred adjudication community
44	44	supervision, petitions the court for an order of expunction under
45	45	Article 55.02 only on or after:
46	46	(A) the second anniversary of the discharge and
47	47	dismissal, if the offense was a misdemeanor described by Section
48	48	411.081(d)(1), Government Code;
49	49	(B) the fourth anniversary of the discharge and
50	50	dismissal, if the offense was a misdemeanor described by Section
51	51	411.081(d)(2), Government Code;
52	52	(C) the eighth anniversary of the discharge and
53	53	dismissal, if the offense was a state jail felony; or
54	54	(D) the 10th anniversary of the discharge and
55	55	dismissal, if the offense was a felony other than a state jail
56	56	felony; and
57	57	(3) during the period of deferred adjudication
58	58	community supervision for the offense and during the applicable
59	59	period described by Subdivision (2), is not convicted of or placed
60	60	on deferred adjudication community supervision for any offense
61	61	other than an offense under the Transportation Code punishable by
62	62	fine only.
63	63	SECTION 2. Section 53.021, Occupations Code, is amended by
64	64	adding Subsections (c), (d), and (e) to read as follows:
65	65	(c) Except as provided by Subsections (d) and (e),
66	66	notwithstanding any other law, a licensing authority may not
67	67	consider a person to have been convicted of an offense for purposes
68	68	of this section if, regardless of the statutory authorization:
69	69	(1) the person entered a plea of guilty or nolo
70	70	contendere;
71	71	(2) the judge deferred further proceedings without
72	72	entering an adjudication of guilt and placed the person under the
73	73	supervision of the court or an officer under the supervision of the
74	74	court; and
75	75	(3) at the end of the period of supervision, the judge
76	76	dismissed the proceedings and discharged the person.
77	77	(d) A licensing authority may consider a person to have been
78	78	convicted of an offense for purposes of this section regardless of
79	79	whether the proceedings were dismissed and the person was
80	80	discharged as described by Subsection (c) if, after consideration
81	81	of the factors described by Sections 53.022 and 53.023(a), the
82	82	licensing authority determines that:
83	83	(1) the person may pose a continued threat to public
84	84	safety; or
85	85	(2) employment of the person in the licensed
86	86	occupation would create a situation in which the person has an
87	87	opportunity to repeat the prohibited conduct.
88	88	(e) Subsection (c) does not apply if the person is an
89	89	applicant for or the holder of a license that authorizes the person
90	90	to provide law enforcement or public health, education, or safety
91	91	services.
92	92	SECTION 3. The change in law made by this Act to Article
93	93	55.01, Code of Criminal Procedure, applies to a person who, on or
94	94	after the effective date of this Act, seeks expunction of records
95	95	and files relating to an arrest, regardless of whether the arrest
96	96	occurred before, on, or after the effective date of this Act.
97	97	SECTION 4. This Act takes effect immediately if it receives
98	98	a vote of two-thirds of all the members elected to each house, as
99	99	provided by Section 39, Article III, Texas Constitution. If this
100	100	Act does not receive the vote necessary for immediate effect, this
101	101	Act takes effect September 1, 2009.
102	102	* * * * *