| 1 | 1 | | 83R7789 JRR-F |
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| 2 | 2 | | By: Alonzo H.B. No. 1359 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the date on which certain criminal defendants are |
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| 8 | 8 | | eligible to file a petition for an order of nondisclosure. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 411.081(d), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (d) Notwithstanding any other provision of this subchapter, |
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| 13 | 13 | | if a person is placed on deferred adjudication community |
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| 14 | 14 | | supervision under Section 5, Article 42.12, Code of Criminal |
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| 15 | 15 | | Procedure, subsequently receives a discharge and dismissal under |
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| 16 | 16 | | Section 5(c), Article 42.12, and satisfies the requirements of |
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| 17 | 17 | | Subsection (e), the person may petition the court that placed the |
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| 18 | 18 | | defendant on deferred adjudication for an order of nondisclosure |
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| 19 | 19 | | under this subsection. Except as provided by Subsection (e), a |
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| 20 | 20 | | person may petition the court under this subsection regardless of |
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| 21 | 21 | | whether the person has been previously placed on deferred |
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| 22 | 22 | | adjudication community supervision for another offense. After |
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| 23 | 23 | | notice to the state and a hearing on whether the person is entitled |
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| 24 | 24 | | to file the petition and issuance of the order is in the best |
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| 25 | 25 | | interest of justice, the court shall issue an order prohibiting |
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| 26 | 26 | | criminal justice agencies from disclosing to the public criminal |
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| 27 | 27 | | history record information related to the offense giving rise to |
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| 28 | 28 | | the deferred adjudication. A criminal justice agency may disclose |
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| 29 | 29 | | criminal history record information that is the subject of the |
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| 30 | 30 | | order only to other criminal justice agencies, for criminal justice |
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| 31 | 31 | | or regulatory licensing purposes, an agency or entity listed in |
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| 32 | 32 | | Subsection (i), or the person who is the subject of the order. A |
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| 33 | 33 | | person may petition the court that placed the person on deferred |
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| 34 | 34 | | adjudication for an order of nondisclosure on payment of a $28 fee |
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| 35 | 35 | | to the clerk of the court in addition to any other fee that |
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| 36 | 36 | | generally applies to the filing of a civil petition. The payment |
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| 37 | 37 | | may be made only on or after: |
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| 38 | 38 | | (1) the discharge and dismissal, if the offense for |
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| 39 | 39 | | which the person was placed on deferred adjudication was a |
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| 40 | 40 | | misdemeanor other than a misdemeanor described by Subdivision (2); |
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| 41 | 41 | | (2) the first [second] anniversary of the discharge |
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| 42 | 42 | | and dismissal, if the offense for which the person was placed on |
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| 43 | 43 | | deferred adjudication was a misdemeanor under Chapter 20, 21, 22, |
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| 44 | 44 | | 25, 42, or 46, Penal Code; or |
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| 45 | 45 | | (3) the third [fifth] anniversary of the discharge and |
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| 46 | 46 | | dismissal, if the offense for which the person was placed on |
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| 47 | 47 | | deferred adjudication was a felony. |
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| 48 | 48 | | SECTION 2. The change in law made by this Act in amending |
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| 49 | 49 | | Section 411.081, Government Code, applies to a person who petitions |
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| 50 | 50 | | the court for an order of nondisclosure on or after the effective |
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| 51 | 51 | | date of this Act, regardless of whether the person is placed on |
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| 52 | 52 | | deferred adjudication community supervision before, on, or after |
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| 53 | 53 | | that date. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2013. |
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