82R1061 JSC-D
By: Jackson H.B. No. 599
A BILL TO BE ENTITLED
AN ACT
relating to the release of certain criminal history record
information subject to an order of nondisclosure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.081(d) and (f-1), Government Code,
are amended 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), 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 to 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.
(f-1) In this subsection, "child" has the meaning assigned
by Section 51.02, Family Code. Notwithstanding any other
provision of this subchapter, on conviction of a child for a
misdemeanor offense punishable by fine only that does not
constitute conduct indicating a need for supervision under Section
51.03, Family Code, the convicting court shall immediately issue an
order prohibiting criminal justice agencies from disclosing to the
public criminal history record information related to the
offense. 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 purposes[, to an
agency or entity listed in Subsection (j),] or to the person who is
the subject of the order.
SECTION 2. Section 53.021(e), Occupations Code, is amended
to read as follows:
(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:
(1) law enforcement or public health, education, or
safety services; or
(2) financial services in an industry regulated by the
securities commissioner, the banking commissioner, the savings and
mortgage lending commissioner, or the credit union commissioner [a
person listed in Section 411.081(i)(19), Government Code].
SECTION 3. The following are repealed:
(1) Section 411.081(i), Government Code, as amended by
Chapters 183 (H.B. 1830), 780 (S.B. 1056), 816 (S.B. 1599), and 1027
(H.B. 4343), Acts of the 81st Legislature, Regular Session, 2009;
and
(2) Section 411.081(j), Government Code.
SECTION 4. The change in law made by this Act to Section
411.081, Government Code, applies to the disclosure on or after the
effective date of this Act of criminal history record information
that is the subject of an order of nondisclosure, regardless of
whether the order is issued before, on, or after the effective date
of this Act.
SECTION 5. This Act takes effect September 1, 2011.