By: West S.B. No. 107
(In the Senate - Filed November 12, 2012; January 29, 2013,
read first time and referred to Committee on Criminal Justice;
March 13, 2013, reported favorably by the following vote: Yeas 6,
Nays 0; March 13, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure by a court of criminal history record
information that is the subject of an order of nondisclosure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.081, Government Code, is amended by
amending Subsection (a) and adding Subsection (g-3) to read as
follows:
(a) This subchapter does not apply to criminal history
record information that is contained in:
(1) posters, announcements, or lists for identifying
or apprehending fugitives or wanted persons;
(2) original records of entry, including police
blotters maintained by a criminal justice agency that are compiled
chronologically and required by law or long-standing practice to be
available to the public;
(3) public judicial, administrative, or legislative
proceedings;
(4) court records of public judicial proceedings,
except as provided by Subsection (g-3);
(5) published judicial or administrative opinions; or
(6) announcements of executive clemency.
(g-3) A court may not disclose to the public any information
contained in the court records that is the subject of an order of
nondisclosure issued under this section. The court may disclose
information contained in the court records that is the subject of an
order of nondisclosure only to criminal justice agencies for
criminal justice or regulatory licensing purposes, to an agency or
entity listed in Subsection (i), or to the person who is the subject
of the order. The clerk of the court issuing an order of
nondisclosure under this section shall seal any court records
containing information that is the subject of the order as soon as
practicable after the date the clerk of the court sends all relevant
criminal history record information contained in the order or a
copy of the order to the Department of Public Safety under
Subsection (g).
SECTION 2. The change in law made by this Act applies to the
disclosure on or after the effective date of this Act of information
that is the subject of an order of nondisclosure issued under
Section 411.081, Government Code, regardless of whether the order
is issued before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2013.
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