Texas 2015 - 84th Regular

Texas House Bill HB3936 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R27621 JRR-D
2	2	By: Herrero, Thompson of Harris, Murphy, H.B. No. 3936
3	3	Villalba
4	4	Substitute the following for H.B. No. 3936:
5	5	By: Herrero C.S.H.B. No. 3936
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the eligibility of criminal defendants for an order of
11	11	nondisclosure of criminal history record information; authorizing
12	12	a fee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 411, Government Code, is amended by
15	15	adding Subchapter E-1 to read as follows:
16	16	SUBCHAPTER E-1. ORDER OF NONDISCLOSURE OF CRIMINAL HISTORY RECORD
17	17	INFORMATION
18	18	Sec. 411.071. DEFINITIONS. In this subchapter, "criminal
19	19	history record information," "criminal justice agency," and
20	20	"criminal justice purpose" have the meanings assigned by Section
21	21	411.082.
22	22	SECTION 2. Section 411.081(f), Government Code, is
23	23	transferred to Subchapter E-1, Chapter 411, Government Code, as
24	24	added by this Act, redesignated as Section 411.0715, Government
25	25	Code, and amended to read as follows:
26	26	Sec. 411.0715. DEFINITION OF DEFERRED ADJUDICATION
27	27	COMMUNITY SUPERVISION FOR PURPOSE OF RECEIVING ORDER OF
28	28	NONDISCLOSURE. [(f)] For purposes of an order of nondisclosure of
29	29	criminal history record information under this subchapter
30	30	[Subsection (d)], a person is considered to have been placed on
31	31	deferred adjudication community supervision if, regardless of the
32	32	statutory authorization:
33	33	(1) the person entered a plea of guilty or nolo
34	34	contendere;
35	35	(2) the judge deferred further proceedings without
36	36	entering an adjudication of guilt and placed the person under the
37	37	supervision of the court or an officer under the supervision of the
38	38	court; and
39	39	(3) at the end of the period of supervision the judge
40	40	dismissed the proceedings and discharged the person.
41	41	SECTION 3. Subchapter E-1, Chapter 411, Government Code, as
42	42	added by this Act, is amended by adding Section 411.072 to read as
43	43	follows:
44	44	Sec. 411.072. PROCEDURE FOR DEFERRED ADJUDICATION
45	45	COMMUNITY SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) This
46	46	section applies only to a person who:
47	47	(1) was placed on deferred adjudication community
48	48	supervision under Section 5, Article 42.12, Code of Criminal
49	49	Procedure, for a misdemeanor other than a misdemeanor:
50	50	(A) under Chapter 20, 21, 22, 25, 42, 43, 46, or
51	51	71, Penal Code; or
52	52	(B) with respect to which an affirmative finding
53	53	under Section 5(k), Article 42.12, Code of Criminal Procedure, was
54	54	filed in the papers of the case; and
55	55	(2) has never been previously convicted of or placed
56	56	on deferred adjudication community supervision for another offense
57	57	other than an offense under the Transportation Code that is
58	58	punishable by fine only.
59	59	(b) Notwithstanding any other provision of this subchapter
60	60	or Subchapter F, if a person described by Subsection (a) receives a
61	61	discharge and dismissal under Section 5(c), Article 42.12, Code of
62	62	Criminal Procedure, and satisfies the requirements of Section
63	63	411.074, the court that placed the person on deferred adjudication
64	64	community supervision shall issue an order of nondisclosure of
65	65	criminal history record information under this subchapter
66	66	prohibiting criminal justice agencies from disclosing to the public
67	67	criminal history record information related to the offense giving
68	68	rise to the deferred adjudication community supervision. The court
69	69	shall determine whether the person satisfies the requirements of
70	70	Section 411.074, and if the court makes a finding that the
71	71	requirements of that section are satisfied, the court shall issue
72	72	the order of nondisclosure of criminal history record information:
73	73	(1) at the time the court discharges and dismisses the
74	74	proceedings against the person, if the discharge and dismissal
75	75	occurs on or after the 180th day after the date the court placed the
76	76	person on deferred adjudication community supervision; or
77	77	(2) as soon as practicable on or after the 180th day
78	78	after the date the court placed the person on deferred adjudication
79	79	community supervision, if the discharge and dismissal occurred
80	80	before that date.
81	81	(c) The person shall present to the court any evidence
82	82	necessary to establish that the person is eligible to receive an
83	83	order of nondisclosure of criminal history record information under
84	84	this section. The person must pay a $28 fee to the clerk of the
85	85	court before the court issues the order.
86	86	SECTION 4. Section 411.081(d), Government Code, is
87	87	transferred to Subchapter E-1, Chapter 411, Government Code, as
88	88	added by this Act, redesignated as Section 411.0725, Government
89	89	Code, and amended to read as follows:
90	90	Sec. 411.0725. PROCEDURE FOR DEFERRED ADJUDICATION
91	91	COMMUNITY SUPERVISION; FELONIES AND CERTAIN MISDEMEANORS. (a)
92	92	This section applies only to a person placed on deferred
93	93	adjudication community supervision under Section 5, Article 42.12,
94	94	Code of Criminal Procedure, who is not eligible to receive an order
95	95	of nondisclosure of criminal history record information under
96	96	Section 411.072.
97	97	(b) [(d)] Notwithstanding any other provision of this
98	98	subchapter or Subchapter F, if a person described by Subsection (a)
99	99	[is placed on deferred adjudication community supervision under
100	100	Section 5, Article 42.12, Code of Criminal Procedure, subsequently]
101	101	receives a discharge and dismissal under Section 5(c), Article
102	102	42.12, Code of Criminal Procedure, and satisfies the requirements
103	103	of Section 411.074 [Subsection (e)], the person may petition the
104	104	court that placed the person [defendant] on deferred adjudication
105	105	community supervision for an order of nondisclosure of criminal
106	106	history record information under this section [subsection].
107	107	(c) Except as provided by Section 411.074 [Subsection (e)],
108	108	a person may petition the court for an order of nondisclosure under
109	109	this section regardless of whether the person has been previously
110	110	convicted of or placed on deferred adjudication community
111	111	supervision for another offense.
112	112	(d) After notice to the state, an opportunity for a hearing,
113	113	and a determination that the person is entitled to file the petition
114	114	and issuance of the order is in the best interest of justice, the
115	115	court shall issue an order prohibiting criminal justice agencies
116	116	from disclosing to the public criminal history record information
117	117	related to the offense giving rise to the deferred adjudication
118	118	community supervision.
119	119	(e) [A criminal justice agency may disclose criminal
120	120	history record information that is the subject of the order only to
121	121	other criminal justice agencies, for criminal justice or regulatory
122	122	licensing purposes, an agency or entity listed in Subsection (i),
123	123	or the person who is the subject of the order.] A person may
124	124	petition the court that placed the person on deferred adjudication
125	125	community supervision for an order of nondisclosure of criminal
126	126	history record information under this section only on or after:
127	127	(1) the discharge and dismissal, if the offense for
128	128	which the person was placed on deferred adjudication was a
129	129	misdemeanor other than a misdemeanor described by Subdivision (2);
130	130	(2) the second anniversary of the discharge and
131	131	dismissal, if the offense for which the person was placed on
132	132	deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
133	133	25, 42, 43, or 46, Penal Code; or
134	134	(3) the fifth anniversary of the discharge and
135	135	dismissal, if the offense for which the person was placed on
136	136	deferred adjudication was a felony.
137	137	SECTION 5. Subchapter E-1, Chapter 411, Government Code, as
138	138	added by this Act, is amended by adding Sections 411.073 and
139	139	411.0735 to read as follows:
140	140	Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
141	141	FOLLOWING CONVICTION; CERTAIN MISDEMEANORS. (a) This section
142	142	applies only to a person placed on community supervision under
143	143	Article 42.12, Code of Criminal Procedure:
144	144	(1) following a conviction of a misdemeanor other than
145	145	a misdemeanor under Section 106.041, Alcoholic Beverage Code, or
146	146	Section 49.04, 49.05, 49.06, 49.065, or 71.021, Penal Code; and
147	147	(2) under a provision of Article 42.12, Code of
148	148	Criminal Procedure, other than Section 5, including:
149	149	(A) a provision that requires the person to serve
150	150	a term of confinement as a condition of community supervision; or
151	151	(B) another provision that authorizes placing a
152	152	person on community supervision after the person has served part of
153	153	a term of confinement imposed for the offense.
154	154	(b) Notwithstanding any other provision of this subchapter
155	155	or Subchapter F, a person described by Subsection (a) whose
156	156	community supervision is not revoked and who completes the period
157	157	of community supervision may petition the court that placed the
158	158	person on community supervision for an order of nondisclosure of
159	159	criminal history record information under this section if the
160	160	person:
161	161	(1) satisfies the requirements of this section and
162	162	Section 411.074; and
163	163	(2) has never been previously convicted of or placed
164	164	on deferred adjudication community supervision for another offense
165	165	other than an offense under the Transportation Code that is
166	166	punishable by fine only.
167	167	(c) After notice to the state, an opportunity for a hearing,
168	168	and a determination that the person is entitled to file the petition
169	169	and issuance of the order is in the best interest of justice, the
170	170	court shall issue an order prohibiting criminal justice agencies
171	171	from disclosing to the public criminal history record information
172	172	related to the offense giving rise to the community supervision.
173	173	(d) A person may petition the court that placed the person
174	174	on community supervision for an order of nondisclosure of criminal
175	175	history record information under this section only on or after:
176	176	(1) the completion of the community supervision, if
177	177	the offense for which the person was placed on community
178	178	supervision was a misdemeanor other than a misdemeanor described by
179	179	Subdivision (2); or
180	180	(2) the second anniversary of the date of completion
181	181	of the community supervision, if the offense for which the person
182	182	was placed on community supervision was a misdemeanor under Chapter
183	183	20, 21, 22, 25, 42, 43, or 46, Penal Code.
184	184	Sec. 411.0735. PROCEDURE FOR CONVICTION AND CONFINEMENT;
185	185	CERTAIN MISDEMEANORS. (a) This section applies only to a person
186	186	who:
187	187	(1) is convicted of a misdemeanor other than a
188	188	misdemeanor under Section 106.041, Alcoholic Beverage Code, or
189	189	Section 49.04, 49.05, 49.06, 49.065, or 71.021, Penal Code;
190	190	(2) is sentenced to and serves a period of
191	191	confinement; and
192	192	(3) is not eligible for an order of nondisclosure of
193	193	criminal history record information under Section 411.073.
194	194	(b) Notwithstanding any other provision of this subchapter
195	195	or Subchapter F, a person described by Subsection (a) who completes
196	196	the period of confinement and is released may petition the court
197	197	that imposed the sentence for an order of nondisclosure of criminal
198	198	history record information under this section if the person:
199	199	(1) satisfies the requirements of this section and
200	200	Section 411.074; and
201	201	(2) has never been previously convicted of or placed
202	202	on deferred adjudication community supervision for another offense
203	203	other than an offense under the Transportation Code punishable by
204	204	fine only.
205	205	(c) After notice to the state, an opportunity for a hearing,
206	206	and a determination that the person is entitled to file the petition
207	207	and issuance of the order is in the best interest of justice, the
208	208	court shall issue an order prohibiting criminal justice agencies
209	209	from disclosing to the public criminal history record information
210	210	related to the offense giving rise to the confinement.
211	211	(d) A person may petition the court that imposed the
212	212	sentence for an order of nondisclosure of criminal history record
213	213	information under this section only on or after the second
214	214	anniversary of the date of completion of the period of confinement.
215	215	SECTION 6. Section 411.081(e), Government Code, is
216	216	transferred to Subchapter E-1, Chapter 411, Government Code, as
217	217	added by this Act, redesignated as Section 411.074, Government
218	218	Code, and amended to read as follows:
219	219	Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF
220	220	NONDISCLOSURE. (a) [(e)] A person may be granted an order of
221	221	nondisclosure of criminal history record information under this
222	222	subchapter and, when applicable, is entitled to petition the court
223	223	to receive an order under this subchapter [Subsection (d)] only if,
224	224	during the period after the court pronounced the sentence or placed
225	225	the person on [of the] deferred adjudication community supervision
226	226	for the offense for which the order of nondisclosure is requested,
227	227	and during any [the] applicable waiting period after completion of
228	228	the sentence or deferred adjudication community supervision
229	229	required [described] by this subchapter [Subsection (d)(1), (2), or
230	230	(3), as appropriate], the person is not convicted of or placed on
231	231	deferred adjudication community supervision under Section 5,
232	232	Article 42.12, Code of Criminal Procedure, for any offense other
233	233	than an offense under the Transportation Code punishable by fine
234	234	only.
235	235	(b) A person may not be granted an order of nondisclosure of
236	236	criminal history record information under this subchapter and is
237	237	not entitled to petition the court for an order under this
238	238	subchapter [Subsection (d)] if:
239	239	(1) the person was convicted or placed on [the]
240	240	deferred adjudication community supervision for or has been
241	241	previously convicted or placed on any other deferred adjudication
242	242	community supervision for:
243	243	(A) [(1)] an offense requiring registration as a
244	244	sex offender under Chapter 62, Code of Criminal Procedure;
245	245	(B) [(2)] an offense under Section 20.04, Penal
246	246	Code, regardless of whether the offense is a reportable conviction
247	247	or adjudication for purposes of Chapter 62, Code of Criminal
248	248	Procedure;
249	249	(C) [(3)] an offense under Section 19.02, 19.03,
250	250	20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
251	251	Code; or
252	252	(D) [(4)] any other offense involving family
253	253	violence, as defined by Section 71.004, Family Code; or
254	254	(2) the court makes an affirmative finding that the
255	255	offense for which the order of nondisclosure of criminal history
256	256	record information is requested involved family violence, as
257	257	defined by Section 71.004, Family Code.
258	258	SECTION 7. Section 411.081(f-1), Government Code, is
259	259	transferred to Subchapter E-1, Chapter 411, Government Code, as
260	260	added by this Act, redesignated as Section 411.0745, Government
261	261	Code, and amended to read as follows:
262	262	Sec. 411.0745. PETITION AND ORDER. (a) [(f-1)] A person who
263	263	petitions the court for an order of nondisclosure of criminal
264	264	history record information under this subchapter, when a petition
265	265	is required, [Subsection (d)] may file the petition in person,
266	266	electronically, or by mail.
267	267	(b) The petition must be accompanied by payment of a $28 fee
268	268	to the clerk of the court in addition to any other fee that
269	269	generally applies to the filing of a civil petition.
270	270	(c) The Office of Court Administration of the Texas Judicial
271	271	System shall prescribe a form for the filing of a petition
272	272	electronically or by mail. The form must provide for the petition
273	273	to be accompanied by the required fees and any other supporting
274	274	material determined necessary by the office of court
275	275	administration, including evidence that the person is entitled to
276	276	file the petition.
277	277	(d) The office of court administration shall make available
278	278	on its Internet website the electronic application and printable
279	279	application form. Each county or district clerk's office that
280	280	maintains an Internet website shall include on that website a link
281	281	to the electronic application and printable application form
282	282	available on the office of court administration's Internet website.
283	283	(e) On receipt of a petition under this section
284	284	[subsection], the court shall provide notice to the state and an
285	285	opportunity for a hearing on whether the person is entitled to file
286	286	the petition and issuance of the order is in the best interest of
287	287	justice. The court shall hold a hearing before determining whether
288	288	to issue an order of nondisclosure of criminal history record
289	289	information, except that a hearing is not required if:
290	290	(1) the state does not request a hearing on the issue
291	291	before the 45th day after the date on which the state receives
292	292	notice under this subsection; and
293	293	(2) the court determines that:
294	294	(A) the person [defendant] is entitled to file
295	295	the petition; and
296	296	(B) the order is in the best interest of justice.
297	297	SECTION 8. Sections 411.081(g), (g-1), (g-1a), (g-1b), and
298	298	(g-1c), Government Code, are transferred to Subchapter E-1, Chapter
299	299	411, Government Code, as added by this Act, redesignated as Section
300	300	411.075, Government Code, and amended to read as follows:
301	301	Sec. 411.075. PROCEDURE AFTER ORDER. (a) [(g)] Not later
302	302	than the 15th business day after the date an order of nondisclosure
303	303	of criminal history record information is issued under this
304	304	subchapter [section], the clerk of the court shall send all
305	305	relevant criminal history record information contained in the order
306	306	or a copy of the order by certified mail, return receipt requested,
307	307	or secure electronic mail, electronic transmission, or facsimile
308	308	transmission to the Crime Records Service of the department
309	309	[Department of Public Safety].
310	310	(b) [(g-1)] Not later than 10 business days after receipt of
311	311	relevant criminal history record information contained in an order
312	312	or a copy of an order under Subsection (a) [(g)], the department
313	313	[Department of Public Safety] shall seal any criminal history
314	314	record information maintained by the department that is the subject
315	315	of the order. The department shall also send all relevant criminal
316	316	history record information contained in the order or a copy of the
317	317	order by certified mail, return receipt requested, or secure
318	318	electronic mail, electronic transmission, or facsimile
319	319	transmission to all:
320	320	(1) law enforcement agencies, jails or other detention
321	321	facilities, magistrates, courts, prosecuting attorneys,
322	322	correctional facilities, central state depositories of criminal
323	323	records, and other officials or agencies or other entities of this
324	324	state or of any political subdivision of this state;
325	325	(2) central federal depositories of criminal records
326	326	that there is reason to believe have criminal history record
327	327	information that is the subject of the order; and
328	328	(3) private entities that purchase criminal history
329	329	record information from the department or that otherwise are likely
330	330	to have criminal history record information that is subject to the
331	331	order.
332	332	(c) [(g-1a)] The director shall adopt rules regarding
333	333	minimum standards for the security of secure electronic mail,
334	334	electronic transmissions, and facsimile transmissions under
335	335	Subsections (a) [(g)] and (b) [(g-1)]. In adopting rules under this
336	336	subsection, the director shall consult with the Office of Court
337	337	Administration of the Texas Judicial System.
338	338	(d) [(g-1b)] Not later than 30 business days after receipt
339	339	of relevant criminal history record information contained in an
340	340	order or a copy of an order from the department [Department of
341	341	Public Safety] under Subsection (b) [(g-1)], an individual or
342	342	entity described by Subsection (b)(1) [(g-1)(1)] shall seal any
343	343	criminal history record information maintained by the individual or
344	344	entity that is the subject of the order.
345	345	(e) [(g-1c)] The department may charge to a private entity
346	346	that purchases criminal history record information from the
347	347	department a fee in an amount sufficient to recover costs incurred
348	348	by the department in providing relevant criminal history record
349	349	information contained in an order or a copy of an order under
350	350	Subsection (b)(3) [(g-1)(3)] to the entity.
351	351	SECTION 9. Section 411.081(g-2), Government Code, is
352	352	transferred to Subchapter E-1, Chapter 411, Government Code, as
353	353	added by this Act, redesignated as Section 411.0755, Government
354	354	Code, and amended to read as follows:
355	355	Sec. 411.0755. STATEMENT IN APPLICATION FOR EMPLOYMENT,
356	356	INFORMATION, OR LICENSING. [(g-2)] A person whose criminal
357	357	history record information is the subject of an order of
358	358	nondisclosure of criminal history record information issued [has
359	359	been sealed] under this subchapter [section] is not required in any
360	360	application for employment, information, or licensing to state that
361	361	the person has been the subject of any criminal proceeding related
362	362	to the information that is the subject of the [an] order [issued
363	363	under this section].
364	364	SECTION 10. Section 411.081(g-3), Government Code, is
365	365	transferred to Subchapter E-1, Chapter 411, Government Code, as
366	366	added by this Act, redesignated as Section 411.076, Government
367	367	Code, and amended to read as follows:
368	368	Sec. 411.076. DISCLOSURE BY COURT. (a) [(g-3)] A court
369	369	may not disclose to the public any information contained in the
370	370	court records that is the subject of an order of nondisclosure of
371	371	criminal history record information issued under this subchapter
372	372	[section]. The court may disclose information contained in the
373	373	court records that is the subject of an order of nondisclosure of
374	374	criminal history record information only to:
375	375	(1) criminal justice agencies for criminal justice or
376	376	regulatory licensing purposes;
377	377	(2) [, to] an agency or entity listed in Section
378	378	411.0765; [Subsection (i),] or
379	379	(3) [to] the person who is the subject of the order.
380	380	(b) The clerk of the court issuing an order of nondisclosure
381	381	of criminal history record information under this subchapter
382	382	[section] shall seal any court records containing information that
383	383	is the subject of the order as soon as practicable after the date
384	384	the clerk of the court sends all relevant criminal history record
385	385	information contained in the order or a copy of the order to the
386	386	department [Department of Public Safety] under Section 411.075(a)
387	387	[Subsection (g)].
388	388	SECTION 11. Section 411.081(i), Government Code, as amended
389	389	by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B. 869), Acts
390	390	of the 83rd Legislature, Regular Session, 2013, is reenacted,
391	391	transferred to Subchapter E-1, Chapter 411, Government Code, as
392	392	added by this Act, redesignated as Section 411.0765, Government
393	393	Code, and amended to read as follows:
394	394	Sec. 411.0765. DISCLOSURE BY CRIMINAL JUSTICE AGENCY. (a)
395	395	A criminal justice agency may disclose criminal history record
396	396	information that is the subject of an order of nondisclosure of
397	397	criminal history record information under this subchapter only to
398	398	other criminal justice agencies, for criminal justice or regulatory
399	399	licensing purposes, an agency or entity listed in Subsection (b),
400	400	or the person who is the subject of the order.
401	401	(b) [(i)] A criminal justice agency may disclose criminal
402	402	history record information that is the subject of an order of
403	403	nondisclosure of criminal history record information under this
404	404	subchapter [Subsection (d)] to the following noncriminal justice
405	405	agencies or entities only:
406	406	(1) the State Board for Educator Certification;
407	407	(2) a school district, charter school, private school,
408	408	regional education service center, commercial transportation
409	409	company, or education shared service arrangement;
410	410	(3) the Texas Medical Board;
411	411	(4) the Texas School for the Blind and Visually
412	412	Impaired;
413	413	(5) the Board of Law Examiners;
414	414	(6) the State Bar of Texas;
415	415	(7) a district court regarding a petition for name
416	416	change under Subchapter B, Chapter 45, Family Code;
417	417	(8) the Texas School for the Deaf;
418	418	(9) the Department of Family and Protective Services;
419	419	(10) the Texas Juvenile Justice Department;
420	420	(11) the Department of Assistive and Rehabilitative
421	421	Services;
422	422	(12) the Department of State Health Services, a local
423	423	mental health service, a local intellectual and developmental
424	424	disability [mental retardation] authority, or a community center
425	425	providing services to persons with mental illness or intellectual
426	426	or developmental disabilities [retardation];
427	427	(13) the Texas Private Security Board;
428	428	(14) a municipal or volunteer fire department;
429	429	(15) the Texas Board of Nursing;
430	430	(16) a safe house providing shelter to children in
431	431	harmful situations;
432	432	(17) a public or nonprofit hospital or hospital
433	433	district, or a facility as defined by Section 250.001, Health and
434	434	Safety Code;
435	435	(18) the securities commissioner, the banking
436	436	commissioner, the savings and mortgage lending commissioner, the
437	437	consumer credit commissioner, or the credit union commissioner;
438	438	(19) the Texas State Board of Public Accountancy;
439	439	(20) the Texas Department of Licensing and Regulation;
440	440	(21) the Health and Human Services Commission;
441	441	(22) the Department of Aging and Disability Services;
442	442	(23) the Texas Education Agency;
443	443	(24) the Judicial Branch Certification Commission;
444	444	(25) a county clerk's office in relation to a
445	445	proceeding for the appointment of a guardian under Title 3, Estates
446	446	[Chapter XIII, Texas Probate] Code;
447	447	(26) the Department of Information Resources but only
448	448	regarding an employee, applicant for employment, contractor,
449	449	subcontractor, intern, or volunteer who provides network security
450	450	services under Chapter 2059 to:
451	451	(A) the Department of Information Resources; or
452	452	(B) a contractor or subcontractor of the
453	453	Department of Information Resources;
454	454	(27) the Texas Department of Insurance;
455	455	(28) the Teacher Retirement System of Texas; [and]
456	456	(29) [(30)] the Texas State Board of Pharmacy; and
457	457	(30) a bank, savings bank, savings and loan
458	458	association, credit union, or mortgage banker, a subsidiary or
459	459	affiliate of those entities, or another financial institution
460	460	regulated by a state regulatory entity listed in Subdivision (18)
461	461	or by a corresponding federal regulatory entity, but only regarding
462	462	an employee, contractor, subcontractor, intern, or volunteer of or
463	463	an applicant for employment by that bank, savings bank, savings and
464	464	loan association, credit union, mortgage banker, subsidiary or
465	465	affiliate, or financial institution.
466	466	SECTION 12. Section 411.081(h), Government Code, is
467	467	transferred to Subchapter E-1, Chapter 411, Government Code, as
468	468	added by this Act, redesignated as Section 411.077, Government
469	469	Code, and amended to read as follows:
470	470	Sec. 411.077. DISPOSITION OF FEE; DEPARTMENT OF PUBLIC
471	471	SAFETY REPORT. (a) [(h)] The clerk of a court that collects a fee
472	472	in connection with a petition or order for nondisclosure of
473	473	criminal history record information under this subchapter
474	474	[Subsection (d)] shall remit the fee to the comptroller not later
475	475	than the last day of the month following the end of the calendar
476	476	quarter in which the fee is collected, and the comptroller shall
477	477	deposit the fee in the general revenue fund.
478	478	(b) The department [Department of Public Safety] shall
479	479	submit a report to the legislature not later than December 1 of each
480	480	even-numbered year that includes information on:
481	481	(1) the number of petitions for nondisclosure of
482	482	criminal history record information and orders of nondisclosure of
483	483	criminal history record information received by the department in
484	484	each of the previous two years;
485	485	(2) the actions taken by the department with respect
486	486	to the petitions and orders received;
487	487	(3) the costs incurred by the department in taking
488	488	those actions; and
489	489	(4) the number of persons who are the subject of an
490	490	order of nondisclosure of criminal history record information and
491	491	who became the subject of criminal charges for an offense committed
492	492	after the order was issued.
493	493	SECTION 13. Subchapter E-1, Chapter 411, Government Code,
494	494	as added by this Act, is amended by adding Section 411.0775 to read
495	495	as follows:
496	496	Sec. 411.0775. ADMISSIBILITY AND USE OF CERTAIN CRIMINAL
497	497	HISTORY RECORD INFORMATION IN SUBSEQUENT CRIMINAL PROCEEDING.
498	498	Notwithstanding any other law, criminal history record information
499	499	that is related to a conviction and is the subject of an order of
500	500	nondisclosure of criminal history record information under this
501	501	subchapter may be:
502	502	(1) admitted into evidence during the trial of any
503	503	subsequent offense if the information is admissible under the Texas
504	504	Rules of Evidence or another law; or
505	505	(2) disclosed to a prosecuting attorney for a criminal
506	506	justice purpose.
507	507	SECTION 14. Section 109.005(a), Business & Commerce Code,
508	508	is amended to read as follows:
509	509	(a) A business entity may not publish any criminal record
510	510	information in the business entity's possession with respect to
511	511	which the business entity has knowledge or has received notice
512	512	that:
513	513	(1) an order of expunction has been issued under
514	514	Article 55.02, Code of Criminal Procedure; or
515	515	(2) an order of nondisclosure of criminal history
516	516	record information has been issued under Subchapter E-1, Chapter
517	517	411 [Section 411.081(d)], Government Code.
518	518	SECTION 15. Article 42.03, Code of Criminal Procedure, is
519	519	amended by adding Section 5 to read as follows:
520	520	Sec. 5. Except as otherwise provided by Section 5(a-1),
521	521	Article 42.12, the court after pronouncing the sentence shall
522	522	inform the defendant of the defendant's right to petition the court
523	523	for an order of nondisclosure of criminal history record
524	524	information under Subchapter E-1, Chapter 411, Government Code,
525	525	unless the defendant is ineligible to pursue that right because of
526	526	the requirements that apply to obtaining the order in the
527	527	defendant's circumstances, such as:
528	528	(1) the nature of the offense for which the defendant
529	529	is convicted; or
530	530	(2) the defendant's criminal history.
531	531	SECTION 16. Section 5, Article 42.12, Code of Criminal
532	532	Procedure, is amended by amending Subsections (a-1) and (c-1) and
533	533	adding Subsection (k) to read as follows:
534	534	(a-1) Before placing a defendant on deferred adjudication
535	535	community supervision under this section, the court shall inform
536	536	the defendant of the defendant's right to receive or petition the
537	537	court for an order of nondisclosure of criminal history record
538	538	information under Subchapter E-1, Chapter 411 [Section 411.081],
539	539	Government Code, as applicable, unless the defendant is ineligible
540	540	for an order [to pursue that right] because of:
541	541	(1) the nature of the offense for which the defendant
542	542	is placed on deferred adjudication community supervision; or
543	543	(2) the defendant's criminal history.
544	544	(c-1) A judge who dismisses the proceedings against a
545	545	defendant and discharges the defendant under Subsection (c):
546	546	(1) shall[:
547	547	[(1)] provide the defendant with a copy of the order of
548	548	dismissal and discharge; and
549	549	(2) if the judge determines that the defendant is or
550	550	may become eligible for an order of nondisclosure of criminal
551	551	history record information under Subchapter E-1, Chapter 411,
552	552	Government Code, shall, as applicable:
553	553	(A) grant an order of nondisclosure of criminal
554	554	history record information to the defendant;
555	555	(B) inform the defendant of the defendant's
556	556	eligibility to receive an order of nondisclosure of criminal
557	557	history record information without a petition and the earliest date
558	558	on which the defendant is eligible to receive the order; or
559	559	(C) [,] inform the defendant of the defendant's
560	560	eligibility to petition the court for an order of nondisclosure of
561	561	criminal history record information [under Section 411.081,
562	562	Government Code,] and the earliest date the defendant is eligible
563	563	to file the petition for the order [of nondisclosure].
564	564	(k) If a judge places on deferred adjudication community
565	565	supervision a defendant charged with a misdemeanor other than a
566	566	misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal
567	567	Code, the judge shall make an affirmative finding of fact and file a
568	568	statement of that affirmative finding with the papers in the case if
569	569	the judge determines that it is not in the best interest of justice
570	570	that the defendant receive an automatic order of nondisclosure
571	571	under Section 411.072, Government Code.
572	572	SECTION 17. Section 54.656(a), Government Code, is amended
573	573	to read as follows:
574	574	(a) A judge may refer to a magistrate any criminal case for
575	575	proceedings involving:
576	576	(1) a negotiated plea of guilty before the court;
577	577	(2) a bond forfeiture;
578	578	(3) a pretrial motion;
579	579	(4) a postconviction writ of habeas corpus;
580	580	(5) an examining trial;
581	581	(6) an occupational driver's license;
582	582	(7) an agreed order of expunction under Chapter 55,
583	583	Code of Criminal Procedure;
584	584	(8) an asset forfeiture hearing as provided by Chapter
585	585	59, Code of Criminal Procedure;
586	586	(9) an agreed order of nondisclosure of criminal
587	587	history record information or an order of nondisclosure of criminal
588	588	history record information that does not require a petition
589	589	provided by Subchapter E-1, Chapter 411 [Section 411.081];
590	590	(10) a hearing on a motion to revoke probation; and
591	591	(11) any other matter the judge considers necessary
592	592	and proper.
593	593	SECTION 18. Section 103.0211, Government Code, is amended
594	594	to read as follows:
595	595	Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
596	596	CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
597	597	to a civil suit, as applicable, shall pay the following fees and
598	598	costs under the Government Code if ordered by the court or otherwise
599	599	required:
600	600	(1) a court reporter fee when testimony is taken:
601	601	(A) in a criminal court in Dallas County (Sec.
602	602	25.0593, Government Code) . . . $3;
603	603	(B) in a county criminal court of appeals in
604	604	Dallas County (Sec. 25.0594, Government Code) . . . $3;
605	605	(C) in a county court at law in McLennan County
606	606	(Sec. 25.1572, Government Code) . . . $3; and
607	607	(D) in a county criminal court in Tarrant County
608	608	(Sec. 25.2223, Government Code) . . . $3;
609	609	(2) a court reporter service fee if the courts have
610	610	official court reporters (Sec. 51.601, Government Code) . . . $15
611	611	or, in specified counties, $30;
612	612	(3) a speedy trial rights waiver motion filing fee in
613	613	El Paso County (Sec. 54.745, Government Code) . . . $100;
614	614	(4) the costs of a criminal magistrate if the court
615	615	determines that the nonprevailing party is able to defray the
616	616	costs:
617	617	(A) in Bexar County (Sec. 54.913, Government
618	618	Code) . . . magistrate's fees;
619	619	(B) in Dallas County (Sec. 54.313, Government
620	620	Code) . . . magistrate's fees;
621	621	(C) in Lubbock County (Sec. 54.883, Government
622	622	Code) . . . magistrate's fees;
623	623	(D) in Tarrant County (Sec. 54.663, Government
624	624	Code) . . . magistrate's fees; and
625	625	(E) in Travis County (Sec. 54.983, Government
626	626	Code) . . . magistrate's fees;
627	627	(5) an administrative fee for participation in certain
628	628	community supervision programs (Sec. 76.015, Government Code)
629	629	. . . not less than $25 and not more than $60 per month; and
630	630	(6) fee paid on filing a petition for an order of
631	631	nondisclosure of criminal history record information in certain
632	632	cases (Subchapter E-1, Chapter 411 [Sec. 411.081], Government Code)
633	633	. . . $28.
634	634	SECTION 19. Section 123.001(b), Government Code, is amended
635	635	to read as follows:
636	636	(b) If a defendant successfully completes a drug court
637	637	program, regardless of whether the defendant was convicted of the
638	638	offense for which the defendant entered the program or whether the
639	639	court deferred further proceedings without entering an
640	640	adjudication of guilt, after notice to the state and a hearing on
641	641	whether the defendant is otherwise entitled to the petition and
642	642	whether issuance of the order is in the best interest of justice,
643	643	the court shall enter an order of nondisclosure of criminal history
644	644	record information under Subchapter E-1, Chapter 411, [Section
645	645	411.081] as if the defendant had received a discharge and dismissal
646	646	under Section 5(c), Article 42.12, Code of Criminal Procedure, with
647	647	respect to all records and files related to the defendant's arrest
648	648	for the offense for which the defendant entered the program if the
649	649	defendant:
650	650	(1) has not been previously convicted of an offense
651	651	listed in Section 3g, Article 42.12, Code of Criminal Procedure, or
652	652	a sexually violent offense, as defined by Article 62.001, Code of
653	653	Criminal Procedure; and
654	654	(2) is not convicted for any felony offense between
655	655	the date on which the defendant successfully completed the program
656	656	and the second anniversary of that date.
657	657	SECTION 20. Section 411.081(a), Government Code, is amended
658	658	to read as follows:
659	659	(a) This subchapter does not apply to criminal history
660	660	record information that is contained in:
661	661	(1) posters, announcements, or lists for identifying
662	662	or apprehending fugitives or wanted persons;
663	663	(2) original records of entry, including police
664	664	blotters maintained by a criminal justice agency that are compiled
665	665	chronologically and required by law or long-standing practice to be
666	666	available to the public;
667	667	(3) public judicial, administrative, or legislative
668	668	proceedings;
669	669	(4) court records of public judicial proceedings[,
670	670	except as provided by Subsection (g-3)];
671	671	(5) published judicial or administrative opinions; or
672	672	(6) announcements of executive clemency.
673	673	SECTION 21. Section 411.083(a), Government Code, is amended
674	674	to read as follows:
675	675	(a) Criminal history record information maintained by the
676	676	department is confidential information for the use of the
677	677	department and, except as provided by this subchapter or Subchapter
678	678	E-1, may not be disseminated by the department.
679	679	SECTION 22. Section 411.0835, Government Code, is amended
680	680	to read as follows:
681	681	Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
682	682	CERTAIN PRIVATE ENTITIES. If the department receives information
683	683	indicating that a private entity that purchases criminal history
684	684	record information from the department has been found by a court to
685	685	have committed three or more violations of Section 552.1425 by
686	686	compiling or disseminating information with respect to which an
687	687	order of expunction has been issued under Article 55.02, Code of
688	688	Criminal Procedure, or an order of nondisclosure of criminal
689	689	history record information has been issued under Subchapter E-1,
690	690	the department may not release any criminal history record
691	691	information to that entity until the first anniversary of the date
692	692	of the most recent violation.
693	693	SECTION 23. Section 411.0851(a), Government Code, is
694	694	amended to read as follows:
695	695	(a) A private entity that compiles and disseminates for
696	696	compensation criminal history record information shall destroy and
697	697	may not disseminate any information in the possession of the entity
698	698	with respect to which the entity has received notice that:
699	699	(1) an order of expunction has been issued under
700	700	Article 55.02, Code of Criminal Procedure; or
701	701	(2) an order of nondisclosure of criminal history
702	702	record information has been issued under Subchapter E-1 [Section
703	703	411.081(d)].
704	704	SECTION 24. Sections 411.087(a) and (b), Government Code,
705	705	are amended to read as follows:
706	706	(a) Unless otherwise authorized by Subsection (e), a
707	707	person, agency, department, political subdivision, or other entity
708	708	that is authorized by this subchapter or Subchapter E-1 to obtain
709	709	from the department criminal history record information maintained
710	710	by the department that relates to another person is authorized to:
711	711	(1) obtain through the Federal Bureau of Investigation
712	712	criminal history record information maintained or indexed by that
713	713	bureau that pertains to that person; or
714	714	(2) obtain from any other criminal justice agency in
715	715	this state criminal history record information maintained by that
716	716	criminal justice agency that relates to that person.
717	717	(b) Any restriction or limitation in this subchapter or
718	718	Subchapter E-1 on criminal history record information that a
719	719	person, agency, department, political subdivision, or other entity
720	720	is entitled to obtain from the department applies equally to the
721	721	criminal history record information that the person, agency,
722	722	department, political subdivision, or other entity is entitled to
723	723	obtain from the identification division of the Federal Bureau of
724	724	Investigation or other criminal justice agency.
725	725	SECTION 25. Section 411.122(c), Government Code, is amended
726	726	to read as follows:
727	727	(c) This section does not apply to an agency that is:
728	728	(1) specifically authorized by this subchapter or
729	729	Subchapter E-1 to obtain criminal history record information from
730	730	the department; or
731	731	(2) covered by Section 53.002, Occupations Code, to
732	732	the extent provided by that section.
733	733	SECTION 26. The heading to Section 552.142, Government
734	734	Code, is amended to read as follows:
735	735	Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS
736	736	SUBJECT TO ORDER OF NONDISCLOSURE [OF CERTAIN DEFERRED
737	737	ADJUDICATIONS].
738	738	SECTION 27. Section 552.142(a), Government Code, is amended
739	739	to read as follows:
740	740	(a) Information is excepted from the requirements of
741	741	Section 552.021 if an order of nondisclosure of criminal history
742	742	record information with respect to the information has been issued
743	743	under Subchapter E-1, Chapter 411 [Section 411.081(d)].
744	744	SECTION 28. Section 552.1425(a), Government Code, is
745	745	amended to read as follows:
746	746	(a) A private entity that compiles and disseminates for
747	747	compensation criminal history record information may not compile or
748	748	disseminate information with respect to which the entity has
749	749	received notice that:
750	750	(1) an order of expunction has been issued under
751	751	Article 55.02, Code of Criminal Procedure; or
752	752	(2) an order of nondisclosure of criminal history
753	753	record information has been issued under Subchapter E-1, Chapter
754	754	411 [Section 411.081(d)].
755	755	SECTION 29. Section 169.001(b), Health and Safety Code, is
756	756	amended to read as follows:
757	757	(b) If a defendant successfully completes a first offender
758	758	prostitution prevention program, regardless of whether the
759	759	defendant was convicted of the offense for which the defendant
760	760	entered the program or whether the court deferred further
761	761	proceedings without entering an adjudication of guilt, after notice
762	762	to the state and a hearing on whether the defendant is otherwise
763	763	entitled to the petition, including whether the required time
764	764	period has elapsed, and whether issuance of the order is in the best
765	765	interest of justice, the court shall enter an order of
766	766	nondisclosure of criminal history record information under
767	767	Subchapter E-1, Chapter 411 [Section 411.081], Government Code, as
768	768	if the defendant had received a discharge and dismissal under
769	769	Section 5(c), Article 42.12, Code of Criminal Procedure, with
770	770	respect to all records and files related to the defendant's arrest
771	771	for the offense for which the defendant entered the program if the
772	772	defendant:
773	773	(1) has not been previously convicted of a felony
774	774	offense; and
775	775	(2) is not convicted of any other felony offense
776	776	before the second anniversary of the defendant's successful
777	777	completion of the program.
778	778	SECTION 30. Section 169A.001(b), Health and Safety Code, is
779	779	amended to read as follows:
780	780	(b) If a defendant successfully completes a prostitution
781	781	prevention program, regardless of whether the defendant was
782	782	convicted of the offense for which the defendant entered the
783	783	program or whether the court deferred further proceedings without
784	784	entering an adjudication of guilt, after notice to the state and a
785	785	hearing on whether the defendant is otherwise entitled to the
786	786	petition, including whether the required time has elapsed, and
787	787	whether issuance of the order is in the best interest of justice,
788	788	the court shall enter an order of nondisclosure of criminal history
789	789	record information under Subchapter E-1, Chapter 411 [Section
790	790	411.081], Government Code, as if the defendant had received a
791	791	discharge and dismissal under Section 5(c), Article 42.12, Code of
792	792	Criminal Procedure, with respect to all records and files related
793	793	to the defendant's arrest for the offense for which the defendant
794	794	entered the program.
795	795	SECTION 31. Section 53.021(e), Occupations Code, is amended
796	796	to read as follows:
797	797	(e) Subsection (c) does not apply if the person is an
798	798	applicant for or the holder of a license that authorizes the person
799	799	to provide:
800	800	(1) law enforcement or public health, education, or
801	801	safety services; or
802	802	(2) financial services in an industry regulated by a
803	803	person listed in Section 411.0765(b)(18) [411.081(i)(19)],
804	804	Government Code.
805	805	SECTION 32. The changes in law made by this Act apply only
806	806	to the issuance of an order of nondisclosure of criminal history
807	807	record information for an offense committed on or after the
808	808	effective date of this Act. The issuance of an order of
809	809	nondisclosure of criminal history record information for an offense
810	810	committed before the effective date of this Act is governed by the
811	811	law in effect on the date the offense was committed, and the former
812	812	law is continued in effect for that purpose. For purposes of this
813	813	section, an offense is committed before the effective date of this
814	814	Act if any element of the offense occurs before the effective date.
815	815	SECTION 33. To the extent of any conflict, this Act prevails
816	816	over another Act of the 84th Legislature, Regular Session, 2015,
817	817	relating to nonsubstantive additions to and corrections in enacted
818	818	codes.
819	819	SECTION 34. This Act takes effect September 1, 2015.