Texas 2013 - 83rd Regular

Texas Senate Bill SB1172 Compare Versions

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1	1	By: West S.B. No. 1172
2	2	(Canales)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of certain criminal defendants for an
8	8	order of nondisclosure; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.081, Government Code, is amended by
11	11	adding Subsection (d-1) and amending Subsections (e), (f), (h), and
12	12	(i) to read as follows:
13	13	(d-1)(1) This subsection applies only to a person who:
14	14	(A) on conviction is placed on community
15	15	supervision under Article 42.12, Code of Criminal Procedure, and
16	16	with respect to whom the conviction is subsequently set aside by the
17	17	court under Section 20(a) of that article; and
18	18	(B) is not convicted of an offense for which the
19	19	person would be ineligible for deferred adjudication community
20	20	supervision under Section 5(d), Article 42.12, Code of Criminal
21	21	Procedure.
22	22	(2) Notwithstanding any other provision of this
23	23	subchapter, if a person to whom this subsection applies satisfies
24	24	the requirements of Subsection (e), the person may petition the
25	25	court that placed the person on community supervision for an order
26	26	of nondisclosure under this subsection. After notice to the state
27	27	and a hearing on whether the person is entitled to file the petition
28	28	and issuance of the order is in the best interest of justice, the
29	29	court shall issue an order prohibiting criminal justice agencies
30	30	from disclosing to the public criminal history record information
31	31	related to the offense giving rise to the community supervision. A
32	32	criminal justice agency may disclose criminal history record
33	33	information that is the subject of the order only to other criminal
34	34	justice agencies, for criminal justice purposes, an agency or
35	35	entity listed in Subsection (i), or the person who is the subject of
36	36	the order. A person may petition the court that placed the person
37	37	on community supervision for an order of nondisclosure on payment
38	38	of a $28 fee to the clerk of the court in addition to any other fee
39	39	that generally applies to the filing of a civil petition. The
40	40	payment may be made only after:
41	41	(A) the conviction is set aside, if the offense
42	42	for which the person was placed on community supervision was a
43	43	misdemeanor; or
44	44	(B) the fifth anniversary of the date the
45	45	conviction is set aside, if the offense for which the person was
46	46	placed on community supervision was a felony.
47	47	(e) A person is entitled to petition the court under
48	48	Subsection (d) or (d-1) only if during the period of the community
49	49	supervision, including deferred adjudication community
50	50	supervision, for which the order of nondisclosure is requested and
51	51	during the applicable period described by Subsection (d)(1), (2),
52	52	or (3) or by Subsection (d-1)(2)(A) or (B), as appropriate, the
53	53	person is not convicted of or placed on deferred adjudication
54	54	community supervision under Section 5, Article 42.12, Code of
55	55	Criminal Procedure, for any offense other than an offense under the
56	56	Transportation Code punishable by fine only. A person is not
57	57	entitled to petition the court under Subsection (d) or (d-1) if the
58	58	person was placed on community supervision, including [the]
59	59	deferred adjudication community supervision, for, or has been
60	60	previously convicted of or placed on any other deferred
61	61	adjudication for:
62	62	(1) an offense requiring registration as a sex
63	63	offender under Chapter 62, Code of Criminal Procedure;
64	64	(2) an offense under Section 20.04, Penal Code,
65	65	regardless of whether the offense is a reportable conviction or
66	66	adjudication for purposes of Chapter 62, Code of Criminal
67	67	Procedure;
68	68	(3) an offense under Section 19.02, 19.03, 22.04,
69	69	22.041, 25.07, or 42.072, Penal Code; or
70	70	(4) any other offense involving family violence, as
71	71	defined by Section 71.004, Family Code.
72	72	(f) For purposes of Subsections [Subsection] (d) and (e), a
73	73	person is considered to have been placed on deferred adjudication
74	74	community supervision if, regardless of the statutory
75	75	authorization:
76	76	(1) the person entered a plea of guilty or nolo
77	77	contendere;
78	78	(2) the judge deferred further proceedings without
79	79	entering an adjudication of guilt and placed the person under the
80	80	supervision of the court or an officer under the supervision of the
81	81	court; and
82	82	(3) at the end of the period of supervision, the judge
83	83	dismissed the proceedings and discharged the person.
84	84	(h) The clerk of a court that collects a fee under
85	85	Subsection (d) or (d-1) shall remit the fee to the comptroller not
86	86	later than the last day of the month following the end of the
87	87	calendar quarter in which the fee is collected, and the comptroller
88	88	shall deposit the fee in the general revenue fund. The Department
89	89	of Public Safety shall submit a report to the legislature not later
90	90	than December 1 of each even-numbered year that includes
91	91	information on:
92	92	(1) the number of petitions for nondisclosure and
93	93	orders of nondisclosure received by the department in each of the
94	94	previous two years;
95	95	(2) the actions taken by the department with respect
96	96	to the petitions and orders received;
97	97	(3) the costs incurred by the department in taking
98	98	those actions; and
99	99	(4) the number of persons who are the subject of an
100	100	order of nondisclosure and who became the subject of criminal
101	101	charges for an offense committed after the order was issued.
102	102	(i) A criminal justice agency may disclose criminal history
103	103	record information that is the subject of an order of nondisclosure
104	104	under Subsection (d) or (d-1) to the following noncriminal justice
105	105	agencies or entities only:
106	106	(1) the State Board for Educator Certification;
107	107	(2) a school district, charter school, private school,
108	108	regional education service center, commercial transportation
109	109	company, or education shared service arrangement;
110	110	(3) the Texas Medical Board;
111	111	(4) the Texas School for the Blind and Visually
112	112	Impaired;
113	113	(5) the Board of Law Examiners;
114	114	(6) the State Bar of Texas;
115	115	(7) a district court regarding a petition for name
116	116	change under Subchapter B, Chapter 45, Family Code;
117	117	(8) the Texas School for the Deaf;
118	118	(9) the Department of Family and Protective Services;
119	119	(10) the Texas Juvenile Justice Department [Youth
120	120	Commission];
121	121	(11) the Department of Assistive and Rehabilitative
122	122	Services;
123	123	(12) the Department of State Health Services, a local
124	124	mental health service, a local mental retardation authority, or a
125	125	community center providing services to persons with mental illness
126	126	or retardation;
127	127	(13) the Texas Private Security Board;
128	128	(14) a municipal or volunteer fire department;
129	129	(15) the Texas Board of Nursing;
130	130	(16) a safe house providing shelter to children in
131	131	harmful situations;
132	132	(17) a public or nonprofit hospital or hospital
133	133	district;
134	134	(18) [the Texas Juvenile Probation Commission;
135	135	[(19)] the securities commissioner, the banking
136	136	commissioner, the savings and mortgage lending commissioner, the
137	137	consumer credit commissioner, or the credit union commissioner;
138	138	(19) [(20)] the Texas State Board of Public
139	139	Accountancy;
140	140	(20) [(21)] the Texas Department of Licensing and
141	141	Regulation;
142	142	(21) [(22)] the Health and Human Services Commission;
143	143	(22) [(23)] the Department of Aging and Disability
144	144	Services;
145	145	(23) [(24)] the Texas Education Agency;
146	146	(24) [(25)] the Guardianship Certification Board;
147	147	(25) [(26)] a county clerk's office in relation to a
148	148	proceeding for the appointment of a guardian under Chapter XIII,
149	149	Texas Probate Code;
150	150	(26) [(27)] the Department of Information Resources
151	151	but only regarding an employee, applicant for employment,
152	152	contractor, subcontractor, intern, or volunteer who provides
153	153	network security services under Chapter 2059 to:
154	154	(A) the Department of Information Resources; or
155	155	(B) a contractor or subcontractor of the
156	156	Department of Information Resources;
157	157	(27) [(28)] the Court Reporters Certification Board;
158	158	(28) [(29)] the Texas Department of Insurance; and
159	159	(29) [(30)] the Teacher Retirement System of Texas.
160	160	SECTION 2. Subsection (a), Section 411.0851, Government
161	161	Code, is amended to read as follows:
162	162	(a) A private entity that compiles and disseminates for
163	163	compensation criminal history record information shall destroy and
164	164	may not disseminate any information in the possession of the entity
165	165	with respect to which the entity has received notice that:
166	166	(1) an order of expunction has been issued under
167	167	Article 55.02, Code of Criminal Procedure; or
168	168	(2) an order of nondisclosure has been issued under
169	169	Section 411.081(d) or (d-1).
170	170	SECTION 3. Section 552.142, Government Code, is amended to
171	171	read as follows:
172	172	Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
173	173	CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS].
174	174	(a) Information is excepted from the requirements of Section
175	175	552.021 if an order of nondisclosure with respect to the
176	176	information has been issued under Section 411.081(d) or (d-1).
177	177	(b) A person who is the subject of information that is
178	178	excepted from the requirements of Section 552.021 under this
179	179	section may deny the occurrence of the criminal proceeding [arrest
180	180	and prosecution] to which the information relates and the exception
181	181	of the information under this section, unless the information is
182	182	being used against the person in a subsequent criminal proceeding.
183	183	SECTION 4. Subsection (a), Section 552.1425, Government
184	184	Code, is amended to read as follows:
185	185	(a) A private entity that compiles and disseminates for
186	186	compensation criminal history record information may not compile or
187	187	disseminate information with respect to which the entity has
188	188	received notice that:
189	189	(1) an order of expunction has been issued under
190	190	Article 55.02, Code of Criminal Procedure; or
191	191	(2) an order of nondisclosure has been issued under
192	192	Section 411.081(d) or (d-1).
193	193	SECTION 5. Subsection (e), Section 53.021, Occupations
194	194	Code, is amended to read as follows:
195	195	(e) Subsection (c) does not apply if the person is an
196	196	applicant for or the holder of a license that authorizes the person
197	197	to provide:
198	198	(1) law enforcement or public health, education, or
199	199	safety services; or
200	200	(2) financial services in an industry regulated by a
201	201	person listed in Section 411.081(i)(18) [411.081(i)(19)],
202	202	Government Code.
203	203	SECTION 6. The change in law made by Subsection (d-1),
204	204	Section 411.081, Government Code, as added by this Act, applies to a
205	205	person whose conviction is set aside under Subsection (a), Section
206	206	20, Article 42.12, Code of Criminal Procedure, on or after the
207	207	effective date of this Act, regardless of when the person committed
208	208	the offense for which the person was convicted.
209	209	SECTION 7. This Act takes effect September 1, 2013.