S.B. No. 107
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 Subsections (a) and (d) and adding Subsections (f-1) and
(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.
(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 for an order of nondisclosure [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, an opportunity for
[and] a hearing, and a determination that [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 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 fifth anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony.
(f-1) A person who petitions the court for an order of
nondisclosure under Subsection (d) may file the petition in person,
electronically, or by mail. The petition must be accompanied by
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 Office of Court Administration of the Texas Judicial System
shall prescribe a form for the filing of a petition electronically
or by mail. The form must provide for the petition to be
accompanied by the required fees and any other supporting material
determined necessary by the office of court administration,
including evidence that the person is entitled to file the
petition. The office of court administration shall make available
on its Internet website the electronic application and printable
application form. Each county or district clerk's office that
maintains an Internet website shall include on that website a link
to the electronic application and printable application form
available on the office of court administration's Internet website.
On receipt of a petition under this subsection, the court shall
provide notice to the state and an opportunity for 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 hold a
hearing before determining whether to issue an order of
nondisclosure, except that a hearing is not required if:
(1) the state does not request a hearing on the issue
before the 45th day after the date on which the state receives
notice under this subsection; and
(2) the court determines that:
(A) the defendant is entitled to file the
petition; and
(B) the order is in the best interest of justice.
(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. (a) Subsection (a), Section 411.081,
Government Code, as amended by this Act, and Subsection (g-3),
Section 411.081, Government Code, as added by this Act, apply 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.
(b) Subsection (d), Section 411.081, Government Code, as
amended by this Act, and Subsection (f-1), Section 411.081,
Government Code, as added by this Act, apply 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 107 passed the Senate on
March 27, 2013, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 25, 2013, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 107 passed the House, with
amendment, on May 22, 2013, by the following vote: Yeas 145,
Nays 1, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor