81R3300 KEL-D
By: Carona S.B. No. 2221
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain criminal defendants for an
order of nondisclosure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.081, Government Code, is amended by
amending Subsections (d) and (e) and adding Subsection (e-1) to
read as follows:
(d) Notwithstanding any other provision of this subchapter,
if a person is placed on deferred adjudication community
supervision under Section 5, Article 42.12, Code of Criminal
Procedure, subsequently receives a discharge and dismissal under
Section 5(c), Article 42.12, and satisfies the requirements of
Subsection (e) and, if applicable, Subsection (e-1), the person may
petition the court that placed the defendant on deferred
adjudication for an order of nondisclosure under this subsection.
Except as provided by Subsection (e), a person may petition the
court under this subsection regardless of whether the person has
been previously placed on deferred adjudication community
supervision for another offense. After notice to the state and a
hearing on whether the person is entitled to file the petition and
issuance of the order is in the best interest of justice, the court
shall issue an order prohibiting criminal justice agencies from
disclosing to the public criminal history record information
related to the offense giving rise to the deferred adjudication. A
criminal justice agency may disclose criminal history record
information that is the subject of the order only to other criminal
justice agencies, for criminal justice or regulatory licensing
purposes, an agency or entity listed in Subsection (i), or the
person who is the subject of the order. A person may petition the
court that placed the person on deferred adjudication for an order
of nondisclosure on payment of a $28 fee to the clerk of the court in
addition to any other fee that generally applies to the filing of a
civil petition. The payment may be made only on or after:
(1) the discharge and dismissal, if the offense for
which the person was placed on deferred adjudication was a
misdemeanor other than a misdemeanor described by Subdivision (2);
(2) the second anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
25, 42, or 46, Penal Code; [or]
(3) the fifth anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony, except as provided by
Subdivision (4); or
(4) the 10th anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was an offense under Section 21.11 or 22.011,
Penal Code, and the person satisfies the requirements of Subsection
(e-1).
(e) A person is entitled to petition the court under
Subsection (d) only if during the period of the deferred
adjudication community supervision for which the order of
nondisclosure is requested and during the applicable period
described by Subsection (d)(1), (2), [or] (3), or (4), as
appropriate, the person is not convicted of or placed on deferred
adjudication community supervision under Section 5, Article 42.12,
Code of Criminal Procedure, for any offense other than an offense
under the Transportation Code punishable by fine only. A person is
not entitled to petition the court under Subsection (d) if the
person was placed on the deferred adjudication community
supervision for or has been previously convicted or placed on any
other deferred adjudication for:
(1) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure, except as
otherwise provided by Subsection (e-1);
(2) an offense under Section 20.04, Penal Code,
regardless of whether the offense is a reportable conviction or
adjudication for purposes of Chapter 62, Code of Criminal
Procedure;
(3) an offense under Section 19.02, 19.03, 22.04,
22.041, 25.07, or 42.072, Penal Code; or
(4) any other offense involving family violence, as
defined by Section 71.004, Family Code.
(e-1) A person is entitled to petition the court under
Subsection (d) if the person, after having been placed on deferred
adjudication community supervision for an offense under Section
21.11 or 22.011, Penal Code, satisfies the requirements of
Subsection (e), provided that:
(1) the person has not been previously convicted or
placed on any other deferred adjudication for an offense described
by Subsection (e)(1), (2), (3), or (4), including an offense under
Section 21.11 or 22.011, Penal Code;
(2) at the time the plea was entered, state law
provided that the registration requirements under Chapter 62, Code
of Criminal Procedure, would not apply to the person after the
applicable period of supervision was terminated;
(3) the offense involved no physical coercion of the
victim;
(4) the victim was 15 years of age or older at the time
of the offense;
(5) the victim is unavailable at the time of the
petition or, if available, filed with the court an affidavit
stating that the victim has no objection to the court granting the
petition; and
(6) a polygraph examiner licensed under Chapter 1703,
Occupations Code, administered to the person and the person passed
a polygraph examination indicating that the person has not
committed any other offense requiring registration under Chapter
62, Code of Criminal Procedure, after completing the applicable
period of supervision.
SECTION 2. The change in law made by this Act in amending
Section 411.081, Government Code, applies to a person who petitions
the court for an order of nondisclosure on or after the effective
date of this Act, regardless of whether the person is placed on
deferred adjudication community supervision before, on, or after
that date.
SECTION 3. This Act takes effect September 1, 2009.