Texas 2013 - 83rd Regular

Texas Senate Bill SB977 Compare Versions

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Old	New	Differences
1	1	By: West S.B. No. 977
2	2	(Thompson of Harris)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedure used to petition for an order of
8	8	nondisclosure of criminal history record information.
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	amending Subsection (d) and adding Subsection (f-1) to read as
12	12	follows:
13	13	(d) Notwithstanding any other provision of this subchapter,
14	14	if a person is placed on deferred adjudication community
15	15	supervision under Section 5, Article 42.12, Code of Criminal
16	16	Procedure, subsequently receives a discharge and dismissal under
17	17	Section 5(c), Article 42.12, and satisfies the requirements of
18	18	Subsection (e), the person may petition the court that placed the
19	19	defendant on deferred adjudication for an order of nondisclosure
20	20	under this subsection. Except as provided by Subsection (e), a
21	21	person may petition the court for an order of nondisclosure [under
22	22	this subsection] regardless of whether the person has been
23	23	previously placed on deferred adjudication community supervision
24	24	for another offense. After notice to the state, an opportunity for
25	25	[and] a hearing, and a determination that [on whether] the person is
26	26	entitled to file the petition and issuance of the order is in the
27	27	best interest of justice, the court shall issue an order
28	28	prohibiting criminal justice agencies from disclosing to the public
29	29	criminal history record information related to the offense giving
30	30	rise to the deferred adjudication. A criminal justice agency may
31	31	disclose criminal history record information that is the subject of
32	32	the order only to other criminal justice agencies, for criminal
33	33	justice or regulatory licensing purposes, an agency or entity
34	34	listed in Subsection (i), or the person who is the subject of the
35	35	order. A person may petition the court that placed the person on
36	36	deferred adjudication for an order of nondisclosure [on payment of
37	37	a $28 fee to the clerk of the court in addition to any other fee that
38	38	generally applies to the filing of a civil petition. The payment
39	39	may be made] only on or after:
40	40	(1) the discharge and dismissal, if the offense for
41	41	which the person was placed on deferred adjudication was a
42	42	misdemeanor other than a misdemeanor described by Subdivision (2);
43	43	(2) the second anniversary of the discharge and
44	44	dismissal, if the offense for which the person was placed on
45	45	deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
46	46	25, 42, or 46, Penal Code; or
47	47	(3) the fifth anniversary of the discharge and
48	48	dismissal, if the offense for which the person was placed on
49	49	deferred adjudication was a felony.
50	50	(f-1) A person who petitions the court for an order of
51	51	nondisclosure under Subsection (d) may file the petition in person,
52	52	electronically, or by mail. The petition must be accompanied by
53	53	payment of a $28 fee to the clerk of the court in addition to any
54	54	other fee that generally applies to the filing of a civil petition.
55	55	The Office of Court Administration of the Texas Judicial System
56	56	shall prescribe a form for the filing of a petition electronically
57	57	or by mail. The form must provide for the petition to be
58	58	accompanied by the required fees and any other supporting material
59	59	determined necessary by the office of court administration,
60	60	including evidence that the person is entitled to file the
61	61	petition. The office of court administration shall make available
62	62	on its Internet website the electronic application and printable
63	63	application form. Each county or district clerk's office that
64	64	maintains an Internet website shall include on that website a link
65	65	to the electronic application and printable application form
66	66	available on the office of court administration's Internet website.
67	67	On receipt of a petition under this subsection, the court shall
68	68	provide notice to the state and an opportunity for a hearing on
69	69	whether the person is entitled to file the petition and issuance of
70	70	the order is in the best interest of justice. The court shall hold a
71	71	hearing before determining whether to issue an order of
72	72	nondisclosure, except that a hearing is not required if:
73	73	(1) the state does not request a hearing on the issue
74	74	before the 45th day after the date on which the state receives
75	75	notice under this subsection; and
76	76	(2) the court determines that:
77	77	(A) the defendant is entitled to file the
78	78	petition; and
79	79	(B) the order is in the best interest of justice.
80	80	SECTION 2. The change in law made by this Act applies to a
81	81	person who petitions the court for an order of nondisclosure on or
82	82	after the effective date of this Act, regardless of whether the
83	83	person is placed on deferred adjudication community supervision
84	84	before, on, or after that date.
85	85	SECTION 3. This Act takes effect September 1, 2013.