Texas 2013 - 83rd Regular

Texas House Bill HB2230 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	83R20647 JSC-D
2	2	By: Wu H.B. No. 2230
3	3	Substitute the following for H.B. No. 2230:
4	4	By: Herrero C.S.H.B. No. 2230
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to orders of nondisclosure issued for records of certain
10	10	fine-only misdemeanors; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 103.0211, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
15	15	CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
16	16	to a civil suit, as applicable, shall pay the following fees and
17	17	costs under the Government Code if ordered by the court or otherwise
18	18	required:
19	19	(1) a court reporter fee when testimony is taken:
20	20	(A) in a criminal court in Dallas County (Sec.
21	21	25.0593, Government Code) . . . $3;
22	22	(B) in a county criminal court of appeals in
23	23	Dallas County (Sec. 25.0594, Government Code) . . . $3;
24	24	(C) in a county court at law in McLennan County
25	25	(Sec. 25.1572, Government Code) . . . $3; and
26	26	(D) in a county criminal court in Tarrant County
27	27	(Sec. 25.2223, Government Code) . . . $3;
28	28	(2) a court reporter service fee if the courts have
29	29	official court reporters (Sec. 51.601, Government Code) . . . $15
30	30	or, in specified counties, $30;
31	31	(3) a speedy trial filing fee in El Paso County (Sec.
32	32	54.745, Government Code) . . . $100;
33	33	(4) costs for use of magistrate in Brazos County (Sec.
34	34	54.1116, Government Code) . . . not to exceed $50;
35	35	(5) the costs of a criminal magistrate if the court
36	36	determines that the nonprevailing party is able to defray the
37	37	costs:
38	38	(A) in Bexar County (Sec. 54.913, Government
39	39	Code) . . . magistrate's fees;
40	40	(B) in Dallas County (Sec. 54.313, Government
41	41	Code) . . . magistrate's fees;
42	42	(C) in Lubbock County (Sec. 54.883, Government
43	43	Code) . . . magistrate's fees;
44	44	(D) in Tarrant County (Sec. 54.663, Government
45	45	Code) . . . magistrate's fees;
46	46	(E) in Travis County (Sec. 54.983, Government
47	47	Code) . . . magistrate's fees; and
48	48	(F) in Williamson County (Sec. 54.958,
49	49	Government Code) . . . expense of the magistrate;
50	50	(6) an administrative fee for participation in certain
51	51	community supervision programs (Sec. 76.015, Government Code)
52	52	. . . not less than $25 and not more than $60 per month; [and]
53	53	(7) fee paid on filing a petition for an order of
54	54	nondisclosure of criminal history record information in certain
55	55	deferred adjudication cases (Sec. 411.081(d) [411.081], Government
56	56	Code) . . . $28; and
57	57	(8) fee paid on filing a petition for an order of
58	58	nondisclosure of criminal history record information in certain
59	59	fine-only misdemeanor cases (Sec. 411.081(d-1), Government Code)
60	60	. . . $28.
61	61	SECTION 2. Section 411.081, Government Code, is amended by
62	62	adding Subsections (d-1), (e-1), and (h-1) and amending Subsection
63	63	(i) to read as follows:
64	64	(d-1) Notwithstanding any other provision of this chapter,
65	65	a person who is convicted of and has satisfied the judgment for or
66	66	who has received a dismissal after deferral of disposition for a
67	67	fine-only misdemeanor, other than a traffic offense or an offense
68	68	under a municipal ordinance or county order, may petition the court
69	69	that convicted or granted a dismissal to the person for an order of
70	70	nondisclosure under this subsection. Subject to Subsection (e-1),
71	71	a person may petition the court under this subsection regardless of
72	72	whether the person has been previously convicted of or granted a
73	73	dismissal for a fine-only misdemeanor offense. After notice to the
74	74	state and a hearing on whether the person is entitled to file the
75	75	petition and issuance of the order is in the best interest of
76	76	justice, the court shall issue an order prohibiting criminal
77	77	justice agencies from disclosing to the public criminal history
78	78	record information related to the fine-only misdemeanor offense
79	79	that is the subject of the petition. As a condition of granting the
80	80	petition under this subsection for a person convicted of the
81	81	offense, a court may require the defendant to perform community
82	82	service, pay a fee, or both perform the community service and pay
83	83	the fee as if the defendant had been put on probation pending
84	84	deferred disposition under Article 45.051, Code of Criminal
85	85	Procedure. A criminal justice agency may disclose criminal history
86	86	record information that is the subject of an order of nondisclosure
87	87	under this subsection only to other criminal justice agencies, for
88	88	criminal justice or regulatory licensing purposes, an agency or
89	89	entity listed in Subsection (i), or the person who is the subject of
90	90	the order. A person may petition the court for an order of
91	91	nondisclosure under this subsection on payment of a $28 fee to the
92	92	clerk of the court in addition to any other fee that generally
93	93	applies to the filing of a civil petition. The payment may be made
94	94	only on or after the first anniversary of the conviction or
95	95	dismissal, as applicable.
96	96	(e-1) A person is not entitled to petition the court under
97	97	Subsection (d-1) if the person has been previously convicted of or
98	98	placed on deferred adjudication for:
99	99	(1) an offense requiring registration as a sex
100	100	offender under Chapter 62, Code of Criminal Procedure;
101	101	(2) an offense under Section 20.04, Penal Code,
102	102	regardless of whether the offense is a reportable conviction or
103	103	adjudication for purposes of Chapter 62, Code of Criminal
104	104	Procedure;
105	105	(3) an offense under Section 19.02, 19.03, 22.04,
106	106	22.041, 25.07, or 42.072, Penal Code; or
107	107	(4) any other offense involving family violence, as
108	108	defined by Section 71.004, Family Code.
109	109	(h-1) The clerk of a court that collects a fee under
110	110	Subsection (d-1) shall deposit the fee to the credit of the general
111	111	fund of the municipality or county, as applicable.
112	112	(i) A criminal justice agency may disclose criminal history
113	113	record information that is the subject of an order of nondisclosure
114	114	under this section [Subsection (d)] to the following noncriminal
115	115	justice agencies or entities only:
116	116	(1) the State Board for Educator Certification;
117	117	(2) a school district, charter school, private school,
118	118	regional education service center, commercial transportation
119	119	company, or education shared service arrangement;
120	120	(3) the Texas Medical Board;
121	121	(4) the Texas School for the Blind and Visually
122	122	Impaired;
123	123	(5) the Board of Law Examiners;
124	124	(6) the State Bar of Texas;
125	125	(7) a district court regarding a petition for name
126	126	change under Subchapter B, Chapter 45, Family Code;
127	127	(8) the Texas School for the Deaf;
128	128	(9) the Department of Family and Protective Services;
129	129	(10) the Texas Juvenile Justice Department [Youth
130	130	Commission];
131	131	(11) the Department of Assistive and Rehabilitative
132	132	Services;
133	133	(12) the Department of State Health Services, a local
134	134	mental health service, a local mental retardation authority, or a
135	135	community center providing services to persons with mental illness
136	136	or retardation;
137	137	(13) the Texas Private Security Board;
138	138	(14) a municipal or volunteer fire department;
139	139	(15) the Texas Board of Nursing;
140	140	(16) a safe house providing shelter to children in
141	141	harmful situations;
142	142	(17) a public or nonprofit hospital or hospital
143	143	district;
144	144	(18) [the Texas Juvenile Probation Commission;
145	145	[(19)] the securities commissioner, the banking
146	146	commissioner, the savings and mortgage lending commissioner, the
147	147	consumer credit commissioner, or the credit union commissioner;
148	148	(19) [(20)] the Texas State Board of Public
149	149	Accountancy;
150	150	(20) [(21)] the Texas Department of Licensing and
151	151	Regulation;
152	152	(21) [(22)] the Health and Human Services Commission;
153	153	(22) [(23)] the Department of Aging and Disability
154	154	Services;
155	155	(23) [(24)] the Texas Education Agency;
156	156	(24) [(25)] the Guardianship Certification Board;
157	157	(25) [(26)] a county clerk's office in relation to a
158	158	proceeding for the appointment of a guardian under Chapter XIII,
159	159	Texas Probate Code;
160	160	(26) [(27)] the Department of Information Resources
161	161	but only regarding an employee, applicant for employment,
162	162	contractor, subcontractor, intern, or volunteer who provides
163	163	network security services under Chapter 2059 to:
164	164	(A) the Department of Information Resources; or
165	165	(B) a contractor or subcontractor of the
166	166	Department of Information Resources;
167	167	(27) [(28)] the Court Reporters Certification Board;
168	168	(28) [(29)] the Texas Department of Insurance; and
169	169	(29) [(30)] the Teacher Retirement System of Texas.
170	170	SECTION 3. Section 411.0851(a), Government Code, is amended
171	171	to read as follows:
172	172	(a) A private entity that compiles and disseminates for
173	173	compensation criminal history record information shall destroy and
174	174	may not disseminate any information in the possession of the entity
175	175	with respect to which the entity has received notice that:
176	176	(1) an order of expunction has been issued under
177	177	Article 55.02, Code of Criminal Procedure; or
178	178	(2) an order of nondisclosure has been issued under
179	179	Section 411.081 [411.081(d)].
180	180	SECTION 4. The heading to Section 552.142, Government Code,
181	181	is amended to read as follows:
182	182	Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
183	183	CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS].
184	184	SECTION 5. Section 552.142(a), Government Code, is amended
185	185	to read as follows:
186	186	(a) Information is excepted from the requirements of
187	187	Section 552.021 if an order of nondisclosure with respect to the
188	188	information has been issued under Section 411.081 [411.081(d)].
189	189	SECTION 6. Section 552.1425(a), Government Code, is amended
190	190	to read as follows:
191	191	(a) A private entity that compiles and disseminates for
192	192	compensation criminal history record information may not compile or
193	193	disseminate information with respect to which the entity has
194	194	received notice that:
195	195	(1) an order of expunction has been issued under
196	196	Article 55.02, Code of Criminal Procedure; or
197	197	(2) an order of nondisclosure has been issued under
198	198	Section 411.081 [411.081(d)].
199	199	SECTION 7. The change in law made by this Act applies to a
200	200	petition for an order of nondisclosure that is filed on or after the
201	201	effective date of this Act, regardless of whether the misdemeanor
202	202	that is the subject of the petition occurred before, on, or after
203	203	the effective date of this Act.
204	204	SECTION 8. This Act takes effect September 1, 2013.