Texas 2015 - 84th Regular

Texas House Bill HB329 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R22917 JSC-D
2	2	By: Wu H.B. No. 329
3	3	Substitute the following for H.B. No. 329:
4	4	By: Herrero C.S.H.B. No. 329
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to orders of nondisclosure issued for records of certain
10	10	fine-only misdemeanors; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 109.005(a), Business & Commerce Code, as
13	13	added by Chapter 1200 (S.B. No. 1289), Acts of the 83rd Legislature,
14	14	Regular Session, 2013, is amended to read as follows:
15	15	(a) A business entity may not publish any criminal record
16	16	information in the business entity's possession with respect to
17	17	which the business entity has knowledge or has received notice
18	18	that:
19	19	(1) an order of expunction has been issued under
20	20	Article 55.02, Code of Criminal Procedure; or
21	21	(2) an order of nondisclosure has been issued under
22	22	Section 411.081 [411.081(d)], Government Code.
23	23	SECTION 2. Section 103.0211, Government Code, is amended to
24	24	read as follows:
25	25	Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
26	26	CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
27	27	to a civil suit, as applicable, shall pay the following fees and
28	28	costs under the Government Code if ordered by the court or otherwise
29	29	required:
30	30	(1) a court reporter fee when testimony is taken:
31	31	(A) in a criminal court in Dallas County (Sec.
32	32	25.0593, Government Code) . . . $3;
33	33	(B) in a county criminal court of appeals in
34	34	Dallas County (Sec. 25.0594, Government Code) . . . $3;
35	35	(C) in a county court at law in McLennan County
36	36	(Sec. 25.1572, Government Code) . . . $3; and
37	37	(D) in a county criminal court in Tarrant County
38	38	(Sec. 25.2223, Government Code) . . . $3;
39	39	(2) a court reporter service fee if the courts have
40	40	official court reporters (Sec. 51.601, Government Code) . . . $15
41	41	or, in specified counties, $30;
42	42	(3) a speedy trial rights waiver motion filing fee in
43	43	El Paso County (Sec. 54.745, Government Code) . . . $100;
44	44	(4) the costs of a criminal magistrate if the court
45	45	determines that the nonprevailing party is able to defray the
46	46	costs:
47	47	(A) in Bexar County (Sec. 54.913, Government
48	48	Code) . . . magistrate's fees;
49	49	(B) in Dallas County (Sec. 54.313, Government
50	50	Code) . . . magistrate's fees;
51	51	(C) in Lubbock County (Sec. 54.883, Government
52	52	Code) . . . magistrate's fees;
53	53	(D) in Tarrant County (Sec. 54.663, Government
54	54	Code) . . . magistrate's fees; and
55	55	(E) in Travis County (Sec. 54.983, Government
56	56	Code) . . . magistrate's fees;
57	57	(5) an administrative fee for participation in certain
58	58	community supervision programs (Sec. 76.015, Government Code)
59	59	. . . not less than $25 and not more than $60 per month; [and]
60	60	(6) fee paid on filing a petition for an order of
61	61	nondisclosure of criminal history record information in certain
62	62	deferred adjudication cases (Sec. 411.081(f-1) [411.081],
63	63	Government Code) . . . $28; and
64	64	(7) fee paid on filing a petition for an order of
65	65	nondisclosure of criminal history record information in certain
66	66	fine-only misdemeanor cases (Sec. 411.081(f-1), Government Code)
67	67	. . . $28.
68	68	SECTION 3. Section 411.081, Government Code, is amended by
69	69	adding Subsections (d-1), (e-1), (h-1), and (h-2) and amending
70	70	Subsections (f), (f-1), and (h) to read as follows:
71	71	(d-1) Notwithstanding any other provision of this chapter,
72	72	a person who is convicted of and has satisfied the judgment for or
73	73	who has received a dismissal after deferral of disposition for a
74	74	fine-only misdemeanor, other than a traffic offense or an offense
75	75	under a municipal ordinance or county order, may petition the court
76	76	that convicted or granted a dismissal to the person for an order of
77	77	nondisclosure under this subsection. Subject to Subsection (e-1),
78	78	a person may petition the court under this subsection regardless of
79	79	whether the person has been previously convicted of or granted a
80	80	dismissal for a fine-only misdemeanor offense. After notice to the
81	81	state, the court shall hold a hearing on whether the person is
82	82	entitled to file the petition and whether issuance of the order is
83	83	in the best interest of justice. In determining whether granting
84	84	the order is in the best interest of justice, the court may
85	85	consider, among any other factors the court considers relevant, the
86	86	person's criminal history record information, including whether
87	87	the person has been convicted of or granted a deferred disposition
88	88	for an offense with elements that are the same as or similar to the
89	89	elements of the offense for which the person is seeking an order of
90	90	nondisclosure. If the court determines that granting the order is
91	91	in the best interest of justice, the court shall issue an order
92	92	prohibiting criminal justice agencies from disclosing to the public
93	93	criminal history record information related to the fine-only
94	94	misdemeanor offense that is the subject of the petition. As a
95	95	condition of granting the petition under this subsection for a
96	96	person convicted of the offense, a court may require the defendant
97	97	to perform community service, pay a fee, or both perform the
98	98	community service and pay the fee as if the defendant had been
99	99	placed on probation pending deferred disposition under Article
100	100	45.051, Code of Criminal Procedure. A criminal justice agency may
101	101	disclose criminal history record information that is the subject of
102	102	an order of nondisclosure under this subsection only to other
103	103	criminal justice agencies for criminal justice or regulatory
104	104	licensing purposes, an agency or entity listed in Subsection (i),
105	105	or the person who is the subject of the order. A person may petition
106	106	the court for an order of nondisclosure under this subsection only
107	107	on or after the first anniversary of the conviction or dismissal, as
108	108	applicable.
109	109	(e-1) A person is not entitled to petition the court under
110	110	Subsection (d-1) if the person has been previously convicted of or
111	111	placed on deferred adjudication for:
112	112	(1) an offense requiring registration as a sex
113	113	offender under Chapter 62, Code of Criminal Procedure;
114	114	(2) an offense under Section 20.04, Penal Code,
115	115	regardless of whether the offense is a reportable conviction or
116	116	adjudication for purposes of Chapter 62, Code of Criminal
117	117	Procedure;
118	118	(3) an offense under Section 19.02, 19.03, 22.04,
119	119	22.041, 25.07, 25.072, or 42.072, Penal Code; or
120	120	(4) any other offense involving family violence, as
121	121	defined by Section 71.004, Family Code.
122	122	(f) For purposes of Subsections [Subsection] (d), (e), and
123	123	(e-1), a person is considered to have been placed on deferred
124	124	adjudication community supervision if, regardless of the statutory
125	125	authorization:
126	126	(1) the person entered a plea of guilty or nolo
127	127	contendere;
128	128	(2) the judge deferred further proceedings without
129	129	entering an adjudication of guilt and placed the person under the
130	130	supervision of the court or an officer under the supervision of the
131	131	court; and
132	132	(3) at the end of the period of supervision, the judge
133	133	dismissed the proceedings and discharged the person.
134	134	(f-1) A person who petitions the court for an order of
135	135	nondisclosure under Subsection (d) or (d-1) may file the petition
136	136	in person, electronically, or by mail. The petition must be
137	137	accompanied by payment of a $28 fee to the clerk of the court in
138	138	addition to any other fee that generally applies to the filing of a
139	139	civil petition. The Office of Court Administration of the Texas
140	140	Judicial System shall prescribe a form for the filing of a petition
141	141	electronically or by mail. The form must provide for the petition
142	142	to be accompanied by the required fees and any other supporting
143	143	material determined necessary by the office of court
144	144	administration, including evidence that the person is entitled to
145	145	file the petition. The office of court administration shall make
146	146	available on its Internet website the electronic application and
147	147	printable application form. Each county or district clerk's office
148	148	that maintains an Internet website shall include on that website a
149	149	link to the electronic application and printable application form
150	150	available on the office of court administration's Internet website.
151	151	On receipt of a petition under this subsection, the court shall
152	152	provide notice to the state and an opportunity for a hearing on
153	153	whether the person is entitled to file the petition and issuance of
154	154	the order is in the best interest of justice. The court shall hold a
155	155	hearing before determining whether to issue an order of
156	156	nondisclosure, except that a hearing is not required if:
157	157	(1) the state does not request a hearing on the issue
158	158	before the 45th day after the date on which the state receives
159	159	notice under this subsection; and
160	160	(2) the court determines that:
161	161	(A) the defendant is entitled to file the
162	162	petition; and
163	163	(B) the order is in the best interest of justice.
164	164	(h) The clerk of a court that collects a fee paid under
165	165	Subsection (f-1) for a petition filed under Subsection (d) [(d)]
166	166	shall remit the fee to the comptroller not later than the last day
167	167	of the month following the end of the calendar quarter in which the
168	168	fee is collected, and the comptroller shall deposit the fee in the
169	169	general revenue fund.
170	170	(h-1) The clerk of a court that collects a fee paid under
171	171	Subsection (f-1) for a petition filed under Subsection (d-1) shall
172	172	deposit the fee to the credit of the general fund of the
173	173	municipality or county, as applicable.
174	174	(h-2) The Department of Public Safety shall submit a report
175	175	to the legislature not later than December 1 of each even-numbered
176	176	year that includes information on:
177	177	(1) the number of petitions for nondisclosure and
178	178	orders of nondisclosure received by the department in each of the
179	179	previous two years;
180	180	(2) the actions taken by the department with respect
181	181	to the petitions and orders received;
182	182	(3) the costs incurred by the department in taking
183	183	those actions; and
184	184	(4) the number of persons who are the subject of an
185	185	order of nondisclosure and who became the subject of criminal
186	186	charges for an offense committed after the order was issued.
187	187	SECTION 4. Section 411.081(i), Government Code, as amended
188	188	by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B. 869), Acts
189	189	of the 83rd Legislature, Regular Session, 2013, is reenacted and
190	190	amended to read as follows:
191	191	(i) A criminal justice agency may disclose criminal history
192	192	record information that is the subject of an order of nondisclosure
193	193	under this section [Subsection (d)] to the following noncriminal
194	194	justice agencies or entities only:
195	195	(1) the State Board for Educator Certification;
196	196	(2) a school district, charter school, private school,
197	197	regional education service center, commercial transportation
198	198	company, or education shared service arrangement;
199	199	(3) the Texas Medical Board;
200	200	(4) the Texas School for the Blind and Visually
201	201	Impaired;
202	202	(5) the Board of Law Examiners;
203	203	(6) the State Bar of Texas;
204	204	(7) a district court regarding a petition for name
205	205	change under Subchapter B, Chapter 45, Family Code;
206	206	(8) the Texas School for the Deaf;
207	207	(9) the Department of Family and Protective Services;
208	208	(10) the Texas Juvenile Justice Department;
209	209	(11) the Department of Assistive and Rehabilitative
210	210	Services;
211	211	(12) the Department of State Health Services, a local
212	212	mental health service, a local mental retardation authority, or a
213	213	community center providing services to persons with mental illness
214	214	or retardation;
215	215	(13) the Texas Private Security Board;
216	216	(14) a municipal or volunteer fire department;
217	217	(15) the Texas Board of Nursing;
218	218	(16) a safe house providing shelter to children in
219	219	harmful situations;
220	220	(17) a public or nonprofit hospital or hospital
221	221	district, or a facility as defined by Section 250.001, Health and
222	222	Safety Code;
223	223	(18) the securities commissioner, the banking
224	224	commissioner, the savings and mortgage lending commissioner, the
225	225	consumer credit commissioner, or the credit union commissioner;
226	226	(19) the Texas State Board of Public Accountancy;
227	227	(20) the Texas Department of Licensing and Regulation;
228	228	(21) the Health and Human Services Commission;
229	229	(22) the Department of Aging and Disability Services;
230	230	(23) the Texas Education Agency;
231	231	(24) the Judicial Branch Certification Commission;
232	232	(25) a county clerk's office in relation to a
233	233	proceeding for the appointment of a guardian under Title 3, Estates
234	234	Code [Chapter XIII, Texas Probate Code];
235	235	(26) the Department of Information Resources but only
236	236	regarding an employee, applicant for employment, contractor,
237	237	subcontractor, intern, or volunteer who provides network security
238	238	services under Chapter 2059 to:
239	239	(A) the Department of Information Resources; or
240	240	(B) a contractor or subcontractor of the
241	241	Department of Information Resources;
242	242	(27) the Texas Department of Insurance;
243	243	(28) the Teacher Retirement System of Texas; and
244	244	(29) [(30)] the Texas State Board of Pharmacy.
245	245	SECTION 5. Section 411.0851(a), Government Code, is amended
246	246	to read as follows:
247	247	(a) A private entity that compiles and disseminates for
248	248	compensation criminal history record information shall destroy and
249	249	may not disseminate any information in the possession of the entity
250	250	with respect to which the entity has received notice that:
251	251	(1) an order of expunction has been issued under
252	252	Article 55.02, Code of Criminal Procedure; or
253	253	(2) an order of nondisclosure has been issued under
254	254	Section 411.081 [411.081(d)].
255	255	SECTION 6. The heading to Section 552.142, Government Code,
256	256	is amended to read as follows:
257	257	Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
258	258	CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS].
259	259	SECTION 7. Section 552.142(a), Government Code, is amended
260	260	to read as follows:
261	261	(a) Information is excepted from the requirements of
262	262	Section 552.021 if an order of nondisclosure with respect to the
263	263	information has been issued under Section 411.081 [411.081(d)].
264	264	SECTION 8. Section 552.1425(a), Government Code, is amended
265	265	to read as follows:
266	266	(a) A private entity that compiles and disseminates for
267	267	compensation criminal history record information may not compile or
268	268	disseminate information with respect to which the entity has
269	269	received notice that:
270	270	(1) an order of expunction has been issued under
271	271	Article 55.02, Code of Criminal Procedure; or
272	272	(2) an order of nondisclosure has been issued under
273	273	Section 411.081 [411.081(d)].
274	274	SECTION 9. Section 53.021(e), Occupations Code, is amended
275	275	to read as follows:
276	276	(e) Subsection (c) does not apply if the person is an
277	277	applicant for or the holder of a license that authorizes the person
278	278	to provide:
279	279	(1) law enforcement or public health, education, or
280	280	safety services; or
281	281	(2) financial services in an industry regulated by a
282	282	person listed in Section 411.081(i)(18) [411.081(i)(19)],
283	283	Government Code.
284	284	SECTION 10. The change in law made by this Act applies to a
285	285	petition for an order of nondisclosure that is filed on or after the
286	286	effective date of this Act, regardless of whether the misdemeanor
287	287	that is the subject of the petition occurred before, on, or after
288	288	the effective date of this Act.
289	289	SECTION 11. This Act takes effect September 1, 2015.