By: Hinojosa S.B. No. 1448
(In the Senate - Filed March 7, 2013; March 18, 2013, read
first time and referred to Committee on Criminal Justice;
April 22, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 4, Nays 2; April 22, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1448 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to orders of nondisclosure issued for records of certain
fine-only misdemeanors; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 103.0211, Government Code, is amended to
read as follows:
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
to a civil suit, as applicable, shall pay the following fees and
costs under the Government Code if ordered by the court or otherwise
required:
(1) a court reporter fee when testimony is taken:
(A) in a criminal court in Dallas County (Sec.
25.0593, Government Code) . . . $3;
(B) in a county criminal court of appeals in
Dallas County (Sec. 25.0594, Government Code) . . . $3;
(C) in a county court at law in McLennan County
(Sec. 25.1572, Government Code) . . . $3; and
(D) in a county criminal court in Tarrant County
(Sec. 25.2223, Government Code) . . . $3;
(2) a court reporter service fee if the courts have
official court reporters (Sec. 51.601, Government Code) . . . $15
or, in specified counties, $30;
(3) a speedy trial filing fee in El Paso County (Sec.
54.745, Government Code) . . . $100;
(4) costs for use of magistrate in Brazos County (Sec.
54.1116, Government Code) . . . not to exceed $50;
(5) the costs of a criminal magistrate if the court
determines that the nonprevailing party is able to defray the
costs:
(A) in Bexar County (Sec. 54.913, Government
Code) . . . magistrate's fees;
(B) in Dallas County (Sec. 54.313, Government
Code) . . . magistrate's fees;
(C) in Lubbock County (Sec. 54.883, Government
Code) . . . magistrate's fees;
(D) in Tarrant County (Sec. 54.663, Government
Code) . . . magistrate's fees;
(E) in Travis County (Sec. 54.983, Government
Code) . . . magistrate's fees; and
(F) in Williamson County (Sec. 54.958,
Government Code) . . . expense of the magistrate;
(6) an administrative fee for participation in certain
community supervision programs (Sec. 76.015, Government Code)
. . . not less than $25 and not more than $60 per month; [and]
(7) fee paid on filing a petition for an order of
nondisclosure of criminal history record information in certain
deferred adjudication cases (Sec. 411.081(d) [411.081], Government
Code) . . . $28; and
(8) fee paid on filing a petition for an order of
nondisclosure of criminal history record information in certain
fine-only misdemeanor cases (Sec. 411.081(d-1), Government Code)
. . . $28.
SECTION 2. Section 411.081, Government Code, is amended by
adding Subsections (d-1), (e-1), and (h-1) and amending Subsection
(i) to read as follows:
(d-1) Notwithstanding any other provision of this chapter,
a person who is convicted of and has satisfied the judgment for or
who has received a dismissal after deferral of disposition for a
fine-only misdemeanor, other than a traffic offense or an offense
under a municipal ordinance or county order, may petition the court
that convicted or granted a dismissal to the person for an order of
nondisclosure under this subsection. Subject to Subsection (e-1),
a person may petition the court under this subsection regardless of
whether the person has been previously convicted of or granted a
dismissal for a fine-only misdemeanor offense. 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 fine-only misdemeanor offense
that is the subject of the petition. As a condition of granting the
petition under this subsection for a person convicted of the
offense, a court may require the defendant to perform community
service, pay a fee, or both perform the community service and pay
the fee as if the defendant had been put on probation pending
deferred disposition under Article 45.051, Code of Criminal
Procedure. A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
under this subsection 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 for an order of
nondisclosure under this subsection 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 the first anniversary of the conviction or
dismissal, as applicable.
(e-1) A person is not entitled to petition the court under
Subsection (d-1) if the person has been previously convicted of or
placed on 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.
(h-1) The clerk of a court that collects a fee under
Subsection (d-1) shall deposit the fee to the credit of the general
fund of the municipality or county, as applicable.
(i) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
under this section [Subsection (d)] 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 3. 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 [411.081(d)].
SECTION 4. The heading to 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].
SECTION 5. Subsection (a), Section 552.142, Government
Code, is amended to read as follows:
(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 [411.081(d)].
SECTION 6. 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 [411.081(d)].
SECTION 7. The change in law made by this Act applies to a
petition for an order of nondisclosure that is filed on or after the
effective date of this Act, regardless of whether the misdemeanor
that is the subject of the petition occurred before, on, or after
the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2013.
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