| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to a study on the availability of information regarding |
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| 10 | 8 | | convictions and deferred dispositions for certain fine-only |
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| 11 | 9 | | misdemeanors. |
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| 12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 11 | | SECTION 1. (a) The Office of Court Administration of the |
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| 14 | 12 | | Texas Judicial System shall conduct a study on how records |
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| 15 | 13 | | regarding Class C misdemeanors, other than traffic offenses, are |
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| 16 | 14 | | held in different Texas counties. |
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| 17 | 15 | | (b) The study shall address, with respect to each county: |
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| 18 | 16 | | (1) the public availability of Class C misdemeanor |
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| 19 | 17 | | conviction records; |
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| 20 | 18 | | (2) the public availability of any records relating to |
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| 21 | 19 | | a suspension of sentence and deferral of final disposition for a |
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| 22 | 20 | | Class C misdemeanor under Article 45.051, Code of Criminal |
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| 23 | 21 | | Procedure; |
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| 24 | 22 | | (3) the public availability of any records described |
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| 25 | 23 | | by Subdivision (1) or (2) of this subsection that are related to a |
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| 26 | 24 | | child; |
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| 27 | 25 | | (4) whether public access to and availability of |
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| 28 | 26 | | records described by Subdivisions (1)-(3) have been expanded or |
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| 29 | 27 | | restricted by the county over time; |
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| 30 | 28 | | (5) whether local agencies holding records described |
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| 31 | 29 | | by Subdivisions (1)-(3) destroy those records; |
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| 32 | 30 | | (6) the reasons and criteria for any destruction of |
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| 33 | 31 | | records described by Subdivisions (1)-(3); and |
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| 34 | 32 | | (7) the retention schedule of each local agency |
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| 35 | 33 | | holding records described by Subdivisions (1)-(3), if the agency |
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| 36 | 34 | | routinely destroys the records. |
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| 37 | 35 | | (c) Not later than January 1, 2017, the Office of Court |
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| 38 | 36 | | Administration shall issue a report on the study required under |
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| 39 | 37 | | this section to the lieutenant governor, the speaker of the house of |
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| 40 | 38 | | representatives, and the appropriate standing committees of the |
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| 41 | 39 | | house of representatives and the senate. |
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| 42 | 40 | | (d) This section expires September 1, 2017. |
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| 43 | 41 | | SECTION 2. This Act takes effect immediately if it receives |
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| 44 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 45 | | Act takes effect September 1, 2015. |
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