84R20424 JSC-D
By: Wu H.B. No. 327
Substitute the following for H.B. No. 327:
By: Elkins C.S.H.B. No. 327
A BILL TO BE ENTITLED
AN ACT
relating to a study on the availability of information regarding
convictions and deferred dispositions for certain fine-only
misdemeanors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Office of Court Administration of the
Texas Judicial System shall conduct a study on how records
regarding Class C misdemeanors, other than traffic offenses, are
held in different Texas counties.
(b) The study shall address, with respect to each county:
(1) the public availability of Class C misdemeanor
conviction records;
(2) the public availability of any records relating to
a suspension of sentence and deferral of final disposition for a
Class C misdemeanor under Article 45.051, Code of Criminal
Procedure;
(3) the public availability of any records described
by Subdivision (1) or (2) of this subsection that are related to a
child;
(4) whether public access to and availability of
records described by Subdivisions (1)-(3) have been expanded or
restricted by the county over time;
(5) whether local agencies holding records described
by Subdivisions (1)-(3) destroy those records;
(6) the reasons and criteria for any destruction of
records described by Subdivisions (1)-(3); and
(7) the retention schedule of each local agency
holding records described by Subdivisions (1)-(3), if the agency
routinely destroys the records.
(c) Not later than January 1, 2017, the Office of Court
Administration shall issue a report on the study required under
this section to the lieutenant governor, the speaker of the house of
representatives, and the appropriate standing committees of the
house of representatives and the senate.
(d) This section expires September 1, 2017.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.