Texas 2013 - 83rd Regular

Texas Senate Bill SB1448 Compare Versions

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1	1	By: Hinojosa S.B. No. 1448
2	2	(In the Senate - Filed March 7, 2013; March 18, 2013, read
3	3	first time and referred to Committee on Criminal Justice;
4	4	April 22, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 4, Nays 2; April 22, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1448 By: Huffman
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to orders of nondisclosure issued for records of certain
13	13	fine-only misdemeanors; authorizing a fee.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 103.0211, Government Code, is amended to
16	16	read as follows:
17	17	Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
18	18	CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
19	19	to a civil suit, as applicable, shall pay the following fees and
20	20	costs under the Government Code if ordered by the court or otherwise
21	21	required:
22	22	(1) a court reporter fee when testimony is taken:
23	23	(A) in a criminal court in Dallas County (Sec.
24	24	25.0593, Government Code) . . . $3;
25	25	(B) in a county criminal court of appeals in
26	26	Dallas County (Sec. 25.0594, Government Code) . . . $3;
27	27	(C) in a county court at law in McLennan County
28	28	(Sec. 25.1572, Government Code) . . . $3; and
29	29	(D) in a county criminal court in Tarrant County
30	30	(Sec. 25.2223, Government Code) . . . $3;
31	31	(2) a court reporter service fee if the courts have
32	32	official court reporters (Sec. 51.601, Government Code) . . . $15
33	33	or, in specified counties, $30;
34	34	(3) a speedy trial filing fee in El Paso County (Sec.
35	35	54.745, Government Code) . . . $100;
36	36	(4) costs for use of magistrate in Brazos County (Sec.
37	37	54.1116, Government Code) . . . not to exceed $50;
38	38	(5) the costs of a criminal magistrate if the court
39	39	determines that the nonprevailing party is able to defray the
40	40	costs:
41	41	(A) in Bexar County (Sec. 54.913, Government
42	42	Code) . . . magistrate's fees;
43	43	(B) in Dallas County (Sec. 54.313, Government
44	44	Code) . . . magistrate's fees;
45	45	(C) in Lubbock County (Sec. 54.883, Government
46	46	Code) . . . magistrate's fees;
47	47	(D) in Tarrant County (Sec. 54.663, Government
48	48	Code) . . . magistrate's fees;
49	49	(E) in Travis County (Sec. 54.983, Government
50	50	Code) . . . magistrate's fees; and
51	51	(F) in Williamson County (Sec. 54.958,
52	52	Government Code) . . . expense of the magistrate;
53	53	(6) an administrative fee for participation in certain
54	54	community supervision programs (Sec. 76.015, Government Code)
55	55	. . . not less than $25 and not more than $60 per month; [and]
56	56	(7) fee paid on filing a petition for an order of
57	57	nondisclosure of criminal history record information in certain
58	58	deferred adjudication cases (Sec. 411.081(d) [411.081], Government
59	59	Code) . . . $28; and
60	60	(8) fee paid on filing a petition for an order of
61	61	nondisclosure of criminal history record information in certain
62	62	fine-only misdemeanor cases (Sec. 411.081(d-1), Government Code)
63	63	. . . $28.
64	64	SECTION 2. Section 411.081, Government Code, is amended by
65	65	adding Subsections (d-1), (e-1), and (h-1) and amending Subsection
66	66	(i) to read as follows:
67	67	(d-1) Notwithstanding any other provision of this chapter,
68	68	a person who is convicted of and has satisfied the judgment for or
69	69	who has received a dismissal after deferral of disposition for a
70	70	fine-only misdemeanor, other than a traffic offense or an offense
71	71	under a municipal ordinance or county order, may petition the court
72	72	that convicted or granted a dismissal to the person for an order of
73	73	nondisclosure under this subsection. Subject to Subsection (e-1),
74	74	a person may petition the court under this subsection regardless of
75	75	whether the person has been previously convicted of or granted a
76	76	dismissal for a fine-only misdemeanor offense. After notice to the
77	77	state and a hearing on whether the person is entitled to file the
78	78	petition and issuance of the order is in the best interest of
79	79	justice, the court shall issue an order prohibiting criminal
80	80	justice agencies from disclosing to the public criminal history
81	81	record information related to the fine-only misdemeanor offense
82	82	that is the subject of the petition. As a condition of granting the
83	83	petition under this subsection for a person convicted of the
84	84	offense, a court may require the defendant to perform community
85	85	service, pay a fee, or both perform the community service and pay
86	86	the fee as if the defendant had been put on probation pending
87	87	deferred disposition under Article 45.051, Code of Criminal
88	88	Procedure. A criminal justice agency may disclose criminal history
89	89	record information that is the subject of an order of nondisclosure
90	90	under this subsection only to other criminal justice agencies, for
91	91	criminal justice or regulatory licensing purposes, an agency or
92	92	entity listed in Subsection (i), or the person who is the subject of
93	93	the order. A person may petition the court for an order of
94	94	nondisclosure under this subsection on payment of a $28 fee to the
95	95	clerk of the court in addition to any other fee that generally
96	96	applies to the filing of a civil petition. The payment may be made
97	97	only on or after the first anniversary of the conviction or
98	98	dismissal, as applicable.
99	99	(e-1) A person is not entitled to petition the court under
100	100	Subsection (d-1) if the person has been previously convicted of or
101	101	placed on deferred adjudication for:
102	102	(1) an offense requiring registration as a sex
103	103	offender under Chapter 62, Code of Criminal Procedure;
104	104	(2) an offense under Section 20.04, Penal Code,
105	105	regardless of whether the offense is a reportable conviction or
106	106	adjudication for purposes of Chapter 62, Code of Criminal
107	107	Procedure;
108	108	(3) an offense under Section 19.02, 19.03, 22.04,
109	109	22.041, 25.07, or 42.072, Penal Code; or
110	110	(4) any other offense involving family violence, as
111	111	defined by Section 71.004, Family Code.
112	112	(h-1) The clerk of a court that collects a fee under
113	113	Subsection (d-1) shall deposit the fee to the credit of the general
114	114	fund of the municipality or county, as applicable.
115	115	(i) A criminal justice agency may disclose criminal history
116	116	record information that is the subject of an order of nondisclosure
117	117	under this section [Subsection (d)] to the following noncriminal
118	118	justice agencies or entities only:
119	119	(1) the State Board for Educator Certification;
120	120	(2) a school district, charter school, private school,
121	121	regional education service center, commercial transportation
122	122	company, or education shared service arrangement;
123	123	(3) the Texas Medical Board;
124	124	(4) the Texas School for the Blind and Visually
125	125	Impaired;
126	126	(5) the Board of Law Examiners;
127	127	(6) the State Bar of Texas;
128	128	(7) a district court regarding a petition for name
129	129	change under Subchapter B, Chapter 45, Family Code;
130	130	(8) the Texas School for the Deaf;
131	131	(9) the Department of Family and Protective Services;
132	132	(10) the Texas Juvenile Justice Department [Youth
133	133	Commission];
134	134	(11) the Department of Assistive and Rehabilitative
135	135	Services;
136	136	(12) the Department of State Health Services, a local
137	137	mental health service, a local mental retardation authority, or a
138	138	community center providing services to persons with mental illness
139	139	or retardation;
140	140	(13) the Texas Private Security Board;
141	141	(14) a municipal or volunteer fire department;
142	142	(15) the Texas Board of Nursing;
143	143	(16) a safe house providing shelter to children in
144	144	harmful situations;
145	145	(17) a public or nonprofit hospital or hospital
146	146	district;
147	147	(18) [the Texas Juvenile Probation Commission;
148	148	[(19)] the securities commissioner, the banking
149	149	commissioner, the savings and mortgage lending commissioner, the
150	150	consumer credit commissioner, or the credit union commissioner;
151	151	(19) [(20)] the Texas State Board of Public
152	152	Accountancy;
153	153	(20) [(21)] the Texas Department of Licensing and
154	154	Regulation;
155	155	(21) [(22)] the Health and Human Services Commission;
156	156	(22) [(23)] the Department of Aging and Disability
157	157	Services;
158	158	(23) [(24)] the Texas Education Agency;
159	159	(24) [(25)] the Guardianship Certification Board;
160	160	(25) [(26)] a county clerk's office in relation to a
161	161	proceeding for the appointment of a guardian under Chapter XIII,
162	162	Texas Probate Code;
163	163	(26) [(27)] the Department of Information Resources
164	164	but only regarding an employee, applicant for employment,
165	165	contractor, subcontractor, intern, or volunteer who provides
166	166	network security services under Chapter 2059 to:
167	167	(A) the Department of Information Resources; or
168	168	(B) a contractor or subcontractor of the
169	169	Department of Information Resources;
170	170	(27) [(28)] the Court Reporters Certification Board;
171	171	(28) [(29)] the Texas Department of Insurance; and
172	172	(29) [(30)] the Teacher Retirement System of Texas.
173	173	SECTION 3. Subsection (a), Section 411.0851, Government
174	174	Code, is amended to read as follows:
175	175	(a) A private entity that compiles and disseminates for
176	176	compensation criminal history record information shall destroy and
177	177	may not disseminate any information in the possession of the entity
178	178	with respect to which the entity has received notice that:
179	179	(1) an order of expunction has been issued under
180	180	Article 55.02, Code of Criminal Procedure; or
181	181	(2) an order of nondisclosure has been issued under
182	182	Section 411.081 [411.081(d)].
183	183	SECTION 4. The heading to Section 552.142, Government Code,
184	184	is amended to read as follows:
185	185	Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
186	186	CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS].
187	187	SECTION 5. Subsection (a), Section 552.142, Government
188	188	Code, is amended to read as follows:
189	189	(a) Information is excepted from the requirements of
190	190	Section 552.021 if an order of nondisclosure with respect to the
191	191	information has been issued under Section 411.081 [411.081(d)].
192	192	SECTION 6. Subsection (a), Section 552.1425, Government
193	193	Code, is amended to read as follows:
194	194	(a) A private entity that compiles and disseminates for
195	195	compensation criminal history record information may not compile or
196	196	disseminate information with respect to which the entity has
197	197	received notice that:
198	198	(1) an order of expunction has been issued under
199	199	Article 55.02, Code of Criminal Procedure; or
200	200	(2) an order of nondisclosure has been issued under
201	201	Section 411.081 [411.081(d)].
202	202	SECTION 7. The change in law made by this Act applies to a
203	203	petition for an order of nondisclosure that is filed on or after the
204	204	effective date of this Act, regardless of whether the misdemeanor
205	205	that is the subject of the petition occurred before, on, or after
206	206	the effective date of this Act.
207	207	SECTION 8. This Act takes effect September 1, 2013.
208	208	* * * * *