83R7789 JRR-F
By: Alonzo H.B. No. 1359
A BILL TO BE ENTITLED
AN ACT
relating to the date on which certain criminal defendants are
eligible to file a petition for an order of nondisclosure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.081(d), Government Code, is 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 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 first [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 third [fifth] anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony.
SECTION 2. The change in law made by this Act in amending
Section 411.081, Government Code, applies to a person who petitions
the court for an order of nondisclosure on or after the effective
date of this Act, regardless of whether the person is placed on
deferred adjudication community supervision before, on, or after
that date.
SECTION 3. This Act takes effect September 1, 2013.