Texas 2009 - 81st Regular

Texas Senate Bill SB2221 Compare Versions

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1	1	By: Carona S.B. No. 2221
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the eligibility of certain criminal defendants for an
7	7	order of nondisclosure.
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	amending Subsections (d) and (e) and adding Subsection (e-1) to
11	11	read as follows:
12	12	(d) Notwithstanding any other provision of this subchapter,
13	13	if a person is placed on deferred adjudication community
14	14	supervision under Section 5, Article 42.12, Code of Criminal
15	15	Procedure, subsequently receives a discharge and dismissal under
16	16	Section 5(c), Article 42.12, and satisfies the requirements of
17	17	Subsection (e) and, if applicable, Subsection (e-1), the person may
18	18	petition the court that placed the defendant on deferred
19	19	adjudication for an order of nondisclosure under this subsection.
20	20	Except as provided by Subsection (e), a person may petition the
21	21	court under this subsection regardless of whether the person has
22	22	been previously placed on deferred adjudication community
23	23	supervision for another offense. After notice to the state and a
24	24	hearing on whether the person is entitled to file the petition and
25	25	issuance of the order is in the best interest of justice, the court
26	26	shall issue an order prohibiting criminal justice agencies from
27	27	disclosing to the public criminal history record information
28	28	related to the offense giving rise to the deferred adjudication. A
29	29	criminal justice agency may disclose criminal history record
30	30	information that is the subject of the order only to other criminal
31	31	justice agencies, for criminal justice or regulatory licensing
32	32	purposes, an agency or entity listed in Subsection (i), or the
33	33	person who is the subject of the order. A person may petition the
34	34	court that placed the person on deferred adjudication for an order
35	35	of nondisclosure on payment of a $28 fee to the clerk of the court in
36	36	addition to any other fee that generally applies to the filing of a
37	37	civil petition. The payment may be made only on or after:
38	38	(1) the discharge and dismissal, if the offense for
39	39	which the person was placed on deferred adjudication was a
40	40	misdemeanor other than a misdemeanor described by Subdivision (2);
41	41	(2) the second anniversary of the discharge and
42	42	dismissal, if the offense for which the person was placed on
43	43	deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
44	44	25, 42, or 46, Penal Code; [or]
45	45	(3) the fifth anniversary of the discharge and
46	46	dismissal, if the offense for which the person was placed on
47	47	deferred adjudication was a felony, except as provided by
48	48	Subdivision (4); or
49	49	(4) the 10th anniversary of the discharge and
50	50	dismissal, if the offense for which the person was placed on
51	51	deferred adjudication was an offense under Section 21.11 or 22.011,
52	52	Penal Code, and the person satisfies the requirements of Subsection
53	53	(e-1).
54	54	(e) A person is entitled to petition the court under
55	55	Subsection (d) only if during the period of the deferred
56	56	adjudication community supervision for which the order of
57	57	nondisclosure is requested and during the applicable period
58	58	described by Subsection (d)(1), (2), [or] (3), or (4), as
59	59	appropriate, the person is not convicted of or placed on deferred
60	60	adjudication community supervision under Section 5, Article 42.12,
61	61	Code of Criminal Procedure, for any offense other than an offense
62	62	under the Transportation Code punishable by fine only. A person is
63	63	not entitled to petition the court under Subsection (d) if the
64	64	person was placed on the deferred adjudication community
65	65	supervision for or has been previously convicted or placed on any
66	66	other deferred adjudication for:
67	67	(1) an offense requiring registration as a sex
68	68	offender under Chapter 62, Code of Criminal Procedure, except as
69	69	otherwise provided by Subsection (e-1);
70	70	(2) an offense under Section 20.04, Penal Code,
71	71	regardless of whether the offense is a reportable conviction or
72	72	adjudication for purposes of Chapter 62, Code of Criminal
73	73	Procedure;
74	74	(3) an offense under Section 19.02, 19.03, 22.04,
75	75	22.041, 25.07, or 42.072, Penal Code; or
76	76	(4) any other offense involving family violence, as
77	77	defined by Section 71.004, Family Code.
78	78	(e-1) A person is entitled to petition the court under
79	79	Subsection (d) if the person, after having been placed on deferred
80	80	adjudication community supervision for an offense under Section
81	81	21.11 or 22.011, Penal Code, satisfies the requirements of
82	82	Subsection (e), provided that:
83	83	(1) the person has not been previously convicted or
84	84	placed on any other deferred adjudication for an offense described
85	85	by Subsection (e)(1), (2), (3), or (4), including an offense under
86	86	Section 21.11 or 22.011, Penal Code;
87	87	(2) at the time the plea was entered, state law
88	88	provided that the registration requirements under Chapter 62, Code
89	89	of Criminal Procedure, would not apply to the person after the
90	90	applicable period of supervision was terminated;
91	91	(3) the offense was based solely on the ages of the
92	92	person and the victim at the time of the offense;
93	93	(4) at the time of the offense, the person was not more
94	94	than four years older than the victim and the victim was at least 13
95	95	years of age; and
96	96	(5) the victim cannot be located after reasonable
97	97	diligence or is otherwise unavailable at the time of the petition
98	98	or, if available, filed with the court an affidavit stating that the
99	99	victim has no objection to the court granting the petition or is
100	100	neutral as to whether the court grants the petition.
101	101	SECTION 2. The change in law made by this Act in amending
102	102	Section 411.081, Government Code, applies to a person who petitions
103	103	the court for an order of nondisclosure on or after the effective
104	104	date of this Act, regardless of whether the person is placed on
105	105	deferred adjudication community supervision before, on, or after
106	106	that date.
107	107	SECTION 3. This Act takes effect September 1, 2009.