82R7625 JSC-D
By: West S.B. No. 1158
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the disclosure of certain criminal
history records and to the duty of law enforcement agencies
regarding records associated with certain defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.081(d) and (e), Government Code,
are amended to read as follows:
(d) Notwithstanding any other provision of this subchapter,
if a person is placed on community supervision, including deferred
adjudication community supervision, under [Section 5,] Article
42.12, Code of Criminal Procedure, successfully completes the
period of community supervision or [subsequently] receives a
discharge and dismissal under Section 5(c) or Section 20, Article
42.12, Code of Criminal Procedure, as applicable, and satisfies the
requirements of Subsection (e), the person may petition the court
that placed the person [defendant] on community supervision
[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
community supervision [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 under Section 5(c),
Article 42.12, Code of Criminal Procedure, if the [offense for
which the] person was placed on deferred adjudication for [was] a
misdemeanor other than a misdemeanor described by Subdivision (2);
(2) the second anniversary of the discharge and
dismissal under Section 5(c), Article 42.12, Code of Criminal
Procedure, if the [offense for which the] person was placed on
deferred adjudication for [was] a misdemeanor under Chapter 20, 21,
22, 25, 42, or 46, Penal Code; [or]
(3) the fifth anniversary of the discharge and
dismissal under Section 5(c), Article 42.12, Code of Criminal
Procedure, if the [offense for which the] person was placed on
deferred adjudication for [was] a felony;
(4) the fifth anniversary of the successful completion
of the period of community supervision or the discharge and
dismissal under Section 20, Article 42.12, Code of Criminal
Procedure, if the person was placed on community supervision
following conviction of a misdemeanor; or
(5) the 10th anniversary of the successful completion
of the period of community supervision or the discharge and
dismissal under Section 20, Article 42.12, Code of Criminal
Procedure, if the person was placed on community supervision
following conviction of a felony.
(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), (4), or (5), 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 of or placed on any
other community supervision, including deferred adjudication
community supervision, for:
(1) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure;
(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, 19.04,
22.04, 22.041, 25.07, 29.03, or 42.072, Penal Code; or
(4) any other offense involving family violence, as
defined by Section 71.004, Family Code.
SECTION 2. The heading to Section 552.142, Government Code,
is amended to read as follows:
Sec. 552.142. EXCEPTION: [RECORDS OF] CERTAIN CRIMINAL
HISTORY RECORDS [DEFERRED ADJUDICATIONS AND CERTAIN MISDEMEANORS
PUNISHABLE BY FINE ONLY].
SECTION 3. The changes in law made by this Act to Sections
411.081(d) and (e), Government Code, apply to a person who, on or
after the effective date of this Act, petitions the court for an
order of nondisclosure of criminal history record information
related to the placement of the person on community supervision,
regardless of whether the community supervision is ordered before,
on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2011.