Texas 2011 - 82nd Regular

Texas House Bill HB599 Compare Versions

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1	1	82R20374 JSC-F
2	2	By: Jackson H.B. No. 599
3	3	Substitute the following for H.B. No. 599:
4	4	By: Madden C.S.H.B. No. 599
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the release of certain criminal history record
10	10	information subject to an order of nondisclosure.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 411.081, Government Code, is amended by
13	13	amending Subsections (d) and (f-1), by reenacting and amending
14	14	Subsection (i), as amended by Chapters 183 (H.B. 1830), 780 (S.B.
15	15	1056), 816 (S.B. 1599), and 1027 (H.B. 4343), Acts of the 81st
16	16	Legislature, Regular Session, 2009, and by adding Subsection (i-1)
17	17	to read as follows:
18	18	(d) Notwithstanding any other provision of this subchapter,
19	19	if a person is placed on deferred adjudication community
20	20	supervision under Section 5, Article 42.12, Code of Criminal
21	21	Procedure, subsequently receives a discharge and dismissal under
22	22	Section 5(c), Article 42.12, and satisfies the requirements of
23	23	Subsection (e), the person may petition the court that placed the
24	24	person [defendant] on deferred adjudication for an order of
25	25	nondisclosure under this subsection. Except as provided by
26	26	Subsection (e), a person may petition the court under this
27	27	subsection regardless of whether the person has been previously
28	28	placed on deferred adjudication community supervision for another
29	29	offense. After notice to the state and a hearing on whether the
30	30	person is entitled to file the petition and issuance of the order is
31	31	in the best interest of justice, the court shall issue an order
32	32	prohibiting criminal justice agencies from disclosing to the public
33	33	criminal history record information related to the offense giving
34	34	rise to the deferred adjudication. A criminal justice agency may
35	35	disclose criminal history record information that is the subject of
36	36	the order only to other criminal justice agencies[,] for criminal
37	37	justice or regulatory licensing purposes[, an agency or entity
38	38	listed in Subsection (i),] or to the person who is the subject of
39	39	the order. A criminal justice agency may disclose criminal history
40	40	record information that is the subject of the order to an agency or
41	41	entity listed in Subsection (i) only if the agency or entity is
42	42	listed in Subsection (i)(19) or if the offense giving rise to the
43	43	deferred adjudication was a felony. A person may petition the court
44	44	that placed the person on deferred adjudication for an order of
45	45	nondisclosure on payment of a $28 fee to the clerk of the court in
46	46	addition to any other fee that generally applies to the filing of a
47	47	civil petition. The payment may be made only on or after:
48	48	(1) the discharge and dismissal, if the offense for
49	49	which the person was placed on deferred adjudication was a
50	50	misdemeanor other than a misdemeanor described by Subdivision (2);
51	51	(2) the second anniversary of the discharge and
52	52	dismissal, if the offense for which the person was placed on
53	53	deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
54	54	25, 42, or 46, Penal Code; or
55	55	(3) the fifth anniversary of the discharge and
56	56	dismissal, if the offense for which the person was placed on
57	57	deferred adjudication was a felony.
58	58	(f-1) In this subsection, "child" has the meaning assigned
59	59	by Section 51.02, Family Code. Notwithstanding any other
60	60	provision of this subchapter, on conviction of a child for a
61	61	misdemeanor offense punishable by fine only that does not
62	62	constitute conduct indicating a need for supervision under Section
63	63	51.03, Family Code, the convicting court shall immediately issue an
64	64	order prohibiting criminal justice agencies from disclosing to the
65	65	public criminal history record information related to the
66	66	offense. A criminal justice agency may disclose criminal history
67	67	record information that is the subject of the order only to other
68	68	criminal justice agencies for criminal justice purposes[, to an
69	69	agency or entity listed in Subsection (j),] or to the person who is
70	70	the subject of the order.
71	71	(i) Except as provided by Subsection (i-1), a [A] criminal
72	72	justice agency may disclose criminal history record information
73	73	that is the subject of an order of nondisclosure under Subsection
74	74	(d) to the following noncriminal justice agencies or entities only,
75	75	and only if the offense for which the person was placed on deferred
76	76	adjudication was a felony:
77	77	(1) the State Board for Educator Certification;
78	78	(2) a school district, charter school, private school,
79	79	regional education service center, commercial transportation
80	80	company, or education shared service arrangement;
81	81	(3) the Texas Medical Board;
82	82	(4) the Texas School for the Blind and Visually
83	83	Impaired;
84	84	(5) the Board of Law Examiners;
85	85	(6) the State Bar of Texas;
86	86	(7) a district court regarding a petition for name
87	87	change under Subchapter B, Chapter 45, Family Code;
88	88	(8) the Texas School for the Deaf;
89	89	(9) the Department of Family and Protective Services;
90	90	(10) the Texas Youth Commission;
91	91	(11) the Department of Assistive and Rehabilitative
92	92	Services;
93	93	(12) the Department of State Health Services, a local
94	94	mental health service, a local mental retardation authority, or a
95	95	community center providing services to persons with mental illness
96	96	or retardation;
97	97	(13) the Texas Private Security Board;
98	98	(14) a municipal or volunteer fire department;
99	99	(15) the Texas Board of Nursing;
100	100	(16) a safe house providing shelter to children in
101	101	harmful situations;
102	102	(17) a public or nonprofit hospital or hospital
103	103	district;
104	104	(18) the Texas Juvenile Probation Commission;
105	105	(19) the securities commissioner, the banking
106	106	commissioner, the savings and mortgage lending commissioner, or the
107	107	credit union commissioner;
108	108	(20) the Texas State Board of Public Accountancy;
109	109	(21) the Texas Department of Licensing and Regulation;
110	110	(22) the Health and Human Services Commission;
111	111	(23) the Department of Aging and Disability Services;
112	112	(24) the Texas Education Agency; [and]
113	113	(25) the Guardianship Certification Board; [and]
114	114	(26) a county clerk's office in relation to a
115	115	proceeding for the appointment of a guardian under Chapter XIII,
116	116	Texas Probate Code;
117	117	(27) [(25)] the Department of Information Resources
118	118	but only regarding an employee, applicant for employment,
119	119	contractor, subcontractor, intern, or volunteer who provides
120	120	network security services under Chapter 2059 to:
121	121	(A) the Department of Information Resources; or
122	122	(B) a contractor or subcontractor of the
123	123	Department of Information Resources;
124	124	(28) [(25)] the Court Reporters Certification Board;
125	125	and
126	126	(29) [(25)] the Texas Department of Insurance.
127	127	(i-1) A criminal justice agency may disclose criminal
128	128	history record information that is the subject of an order of
129	129	nondisclosure under Subsection (d), regardless of whether the
130	130	offense for which the person was placed on deferred adjudication
131	131	was a felony or a misdemeanor, to an agency or entity listed in
132	132	Subsection (i)(19).
133	133	SECTION 2. Section 411.081(j), Government Code, is
134	134	repealed.
135	135	SECTION 3. The change in law made by this Act to Section
136	136	411.081, Government Code, applies to the disclosure on or after the
137	137	effective date of this Act of criminal history record information
138	138	that is the subject of an order of nondisclosure, regardless of
139	139	whether the order is issued before, on, or after the effective date
140	140	of this Act.
141	141	SECTION 4. To the extent of any conflict, this Act prevails
142	142	over another Act of the 82nd Legislature, Regular Session, 2011,
143	143	relating to nonsubstantive additions to and corrections in enacted
144	144	codes.
145	145	SECTION 5. This Act takes effect September 1, 2011.