By: West S.B. No. 1172
(In the Senate - Filed March 5, 2013; March 12, 2013, read
first time and referred to Committee on Criminal Justice;
April 18, 2013, rereferred to Committee on Jurisprudence;
April 24, 2013, reported favorably by the following vote: Yeas 5,
Nays 0; April 24, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain criminal defendants for an
order of nondisclosure; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.081, Government Code, is amended by
adding Subsection (d-1) and amending Subsections (e), (f), (h), and
(i) to read as follows:
(d-1)(1) This subsection applies only to a person who:
(A) on conviction is placed on community
supervision under Article 42.12, Code of Criminal Procedure, and
with respect to whom the conviction is subsequently set aside by the
court under Section 20(a) of that article; and
(B) is not convicted of an offense for which the
person would be ineligible for deferred adjudication community
supervision under Section 5(d), Article 42.12, Code of Criminal
Procedure.
(2) Notwithstanding any other provision of this
subchapter, if a person to whom this subsection applies satisfies
the requirements of Subsection (e), the person may petition the
court that placed the person on community supervision for an order
of nondisclosure under this subsection. 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 community supervision. 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 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 community supervision 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 after:
(A) the conviction is set aside, if the offense
for which the person was placed on community supervision was a
misdemeanor; or
(B) the fifth anniversary of the date the
conviction is set aside, if the offense for which the person was
placed on community supervision was a felony.
(e) A person is entitled to petition the court under
Subsection (d) or (d-1) only if during the period of the community
supervision, including deferred adjudication community
supervision, for which the order of nondisclosure is requested and
during the applicable period described by Subsection (d)(1), (2),
or (3) or by Subsection (d-1)(2)(A) or (B), as appropriate, the
person is not convicted of or placed on deferred adjudication
community supervision under Section 5, Article 42.12, Code of
Criminal Procedure, for any offense other than an offense under the
Transportation Code punishable by fine only. A person is not
entitled to petition the court under Subsection (d) or (d-1) if the
person was placed on community supervision, including [the]
deferred adjudication community supervision, for, or has been
previously convicted of or placed on any other deferred
adjudication for:
(1) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure;
(2) an offense under Section 20.04, Penal Code,
regardless of whether the offense is a reportable conviction or
adjudication for purposes of Chapter 62, Code of Criminal
Procedure;
(3) an offense under Section 19.02, 19.03, 22.04,
22.041, 25.07, or 42.072, Penal Code; or
(4) any other offense involving family violence, as
defined by Section 71.004, Family Code.
(f) For purposes of Subsections [Subsection] (d) and (e), a
person is considered to have been placed on deferred adjudication
community supervision if, regardless of the statutory
authorization:
(1) the person entered a plea of guilty or nolo
contendere;
(2) the judge deferred further proceedings without
entering an adjudication of guilt and placed the person under the
supervision of the court or an officer under the supervision of the
court; and
(3) at the end of the period of supervision, the judge
dismissed the proceedings and discharged the person.
(h) The clerk of a court that collects a fee under
Subsection (d) or (d-1) shall remit the fee to the comptroller not
later than the last day of the month following the end of the
calendar quarter in which the fee is collected, and the comptroller
shall deposit the fee in the general revenue fund. The Department
of Public Safety shall submit a report to the legislature not later
than December 1 of each even-numbered year that includes
information on:
(1) the number of petitions for nondisclosure and
orders of nondisclosure received by the department in each of the
previous two years;
(2) the actions taken by the department with respect
to the petitions and orders received;
(3) the costs incurred by the department in taking
those actions; and
(4) the number of persons who are the subject of an
order of nondisclosure and who became the subject of criminal
charges for an offense committed after the order was issued.
(i) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
under Subsection (d) or (d-1) to the following noncriminal justice
agencies or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school,
regional education service center, commercial transportation
company, or education shared service arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the Blind and Visually
Impaired;
(5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name
change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services;
(10) the Texas Juvenile Justice Department [Youth
Commission];
(11) the Department of Assistive and Rehabilitative
Services;
(12) the Department of State Health Services, a local
mental health service, a local mental retardation authority, or a
community center providing services to persons with mental illness
or retardation;
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department;
(15) the Texas Board of Nursing;
(16) a safe house providing shelter to children in
harmful situations;
(17) a public or nonprofit hospital or hospital
district;
(18) [the Texas Juvenile Probation Commission;
[(19)] the securities commissioner, the banking
commissioner, the savings and mortgage lending commissioner, the
consumer credit commissioner, or the credit union commissioner;
(19) [(20)] the Texas State Board of Public
Accountancy;
(20) [(21)] the Texas Department of Licensing and
Regulation;
(21) [(22)] the Health and Human Services Commission;
(22) [(23)] the Department of Aging and Disability
Services;
(23) [(24)] the Texas Education Agency;
(24) [(25)] the Guardianship Certification Board;
(25) [(26)] a county clerk's office in relation to a
proceeding for the appointment of a guardian under Chapter XIII,
Texas Probate Code;
(26) [(27)] the Department of Information Resources
but only regarding an employee, applicant for employment,
contractor, subcontractor, intern, or volunteer who provides
network security services under Chapter 2059 to:
(A) the Department of Information Resources; or
(B) a contractor or subcontractor of the
Department of Information Resources;
(27) [(28)] the Court Reporters Certification Board;
(28) [(29)] the Texas Department of Insurance; and
(29) [(30)] the Teacher Retirement System of Texas.
SECTION 2. Subsection (a), Section 411.0851, Government
Code, is amended to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information shall destroy and
may not disseminate any information in the possession of the entity
with respect to which the entity has received notice that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d) or (d-1).
SECTION 3. Section 552.142, Government Code, is amended to
read as follows:
Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS].
(a) Information is excepted from the requirements of Section
552.021 if an order of nondisclosure with respect to the
information has been issued under Section 411.081(d) or (d-1).
(b) A person who is the subject of information that is
excepted from the requirements of Section 552.021 under this
section may deny the occurrence of the criminal proceeding [arrest
and prosecution] to which the information relates and the exception
of the information under this section, unless the information is
being used against the person in a subsequent criminal proceeding.
SECTION 4. Subsection (a), Section 552.1425, Government
Code, is amended to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information with respect to which the entity has
received notice that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d) or (d-1).
SECTION 5. Subsection (e), Section 53.021, Occupations
Code, is amended to read as follows:
(e) Subsection (c) does not apply if the person is an
applicant for or the holder of a license that authorizes the person
to provide:
(1) law enforcement or public health, education, or
safety services; or
(2) financial services in an industry regulated by a
person listed in Section 411.081(i)(18) [411.081(i)(19)],
Government Code.
SECTION 6. The change in law made by Subsection (d-1),
Section 411.081, Government Code, as added by this Act, applies to a
person whose conviction is set aside under Subsection (a), Section
20, Article 42.12, Code of Criminal Procedure, on or after the
effective date of this Act, regardless of when the person committed
the offense for which the person was convicted.
SECTION 7. This Act takes effect September 1, 2013.
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