By: West S.B. No. 977
(In the Senate - Filed February 28, 2013; March 12, 2013,
read first time and referred to Committee on Criminal Justice;
April 18, 2013, rereferred to Committee on Jurisprudence;
April 29, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 29, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 977 By: West
A BILL TO BE ENTITLED
AN ACT
relating to the procedure used to petition for an order of
nondisclosure of criminal history record information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.081, Government Code, is amended by
amending Subsection (d) and adding Subsection (f-1) to read as
follows:
(d) Notwithstanding any other provision of this subchapter,
if a person is placed on deferred adjudication community
supervision under Section 5, Article 42.12, Code of Criminal
Procedure, subsequently receives a discharge and dismissal under
Section 5(c), Article 42.12, and satisfies the requirements of
Subsection (e), the person may petition the court that placed the
defendant on deferred adjudication for an order of nondisclosure
under this subsection. Except as provided by Subsection (e), a
person may petition the court for an order of nondisclosure [under
this subsection] regardless of whether the person has been
previously placed on deferred adjudication community supervision
for another offense. After notice to the state, an opportunity for
[and] a hearing, and a determination that [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 deferred adjudication. 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 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 that placed the person on
deferred adjudication 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 on or after:
(1) the discharge and dismissal, if the offense for
which the person was placed on deferred adjudication was a
misdemeanor other than a misdemeanor described by Subdivision (2);
(2) the second anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
25, 42, or 46, Penal Code; or
(3) the fifth anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony.
(f-1) A person who petitions the court for an order of
nondisclosure under Subsection (d) may file the petition in person,
electronically, or by mail. The petition must be accompanied by
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 Office of Court Administration of the Texas Judicial System
shall prescribe a form for the filing of a petition electronically
or by mail. The form must provide for the petition to be
accompanied by the required fees and any other supporting material
determined necessary by the office of court administration,
including evidence that the person is entitled to file the
petition. The office of court administration shall make available
on its Internet website the electronic application and printable
application form. Each county or district clerk's office that
maintains an Internet website shall include on that website a link
to the electronic application and printable application form
available on the office of court administration's Internet website.
On receipt of a petition under this subsection, the court shall
provide notice to the state and an opportunity for 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 hold a
hearing before determining whether to issue an order of
nondisclosure, except that a hearing is not required if:
(1) the state does not request a hearing on the issue
before the 45th day after the date on which the state receives
notice under this subsection; and
(2) the court determines that:
(A) the defendant is entitled to file the
petition; and
(B) the order is in the best interest of justice.
SECTION 2. The change in law made by this Act applies to a
person who petitions the court for an order of nondisclosure on or
after the effective date of this Act, regardless of whether the
person is placed on deferred adjudication community supervision
before, on, or after that date.
SECTION 3. This Act takes effect September 1, 2013.
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