Texas 2015 - 84th Regular

Texas Senate Bill SB130 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: West S.B. No. 130
2		-	(Canales)
	1	+	S.B. No. 130
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the eligibility of criminal defendants for an order of
8	6		nondisclosure; authorizing a fee.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 411.081, Government Code, is amended by
11	9		adding Subsection (d-1) and amending Subsections (d), (e), (f),
12	10		(f-1), and (h) to read as follows:
13	11		(d) Notwithstanding any other provision of this subchapter,
14	12		if a person is placed on deferred adjudication community
15	13		supervision under Section 5, Article 42.12, Code of Criminal
16	14		Procedure, subsequently receives a discharge and dismissal under
17	15		Section 5(c), Article 42.12, and satisfies the requirements of
18	16		Subsection (e), the person may petition the court that placed the
19	17		defendant on deferred adjudication for an order of nondisclosure
20	18		under this subsection. Except as provided by Subsection (e), a
21	19		person may petition the court for an order of nondisclosure
22	20		regardless of whether the person has been previously placed on
23	21		deferred adjudication community supervision for another offense.
24	22		After notice to the state, an opportunity for a hearing, and a
25	23		determination that the person is entitled to file the petition and
26	24		issuance of the order is in the best interest of justice, the court
27	25		shall issue an order prohibiting criminal justice agencies from
28	26		disclosing to the public criminal history record information
29	27		related to the offense giving rise to the deferred adjudication. A
30	28		criminal justice agency may disclose criminal history record
31	29		information that is the subject of the order only to other criminal
32	30		justice agencies[,] for criminal justice or regulatory licensing
33	31		purposes, an agency or entity listed in Subsection (i), or the
34	32		person who is the subject of the order. A person may petition the
35	33		court that placed the person on deferred adjudication for an order
36	34		of nondisclosure only on or after:
37	35		(1) the discharge and dismissal, if the offense for
38	36		which the person was placed on deferred adjudication was a
39	37		misdemeanor other than a misdemeanor described by Subdivision (2);
40	38		(2) the second anniversary of the discharge and
41	39		dismissal, if the offense for which the person was placed on
42	40		deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
43	41		25, 42, or 46, Penal Code; or
44	42		(3) the fifth anniversary of the discharge and
45	43		dismissal, if the offense for which the person was placed on
46	44		deferred adjudication was a felony.
47	45		(d-1)(1) This subsection applies only to a person who:
48	46		(A) on conviction is placed on community
49	47		supervision under Article 42.12, Code of Criminal Procedure, and
50	48		with respect to whom the conviction is subsequently set aside by the
51	49		court under Section 20(a) of that article; and
52	50		(B) is not convicted of an offense for which the
53	51		person would be ineligible for deferred adjudication community
54	52		supervision under Section 5(d), Article 42.12, Code of Criminal
55	53		Procedure.
56	54		(2) Notwithstanding any other provision of this
57	55		subchapter, if a person to whom this subsection applies satisfies
58	56		the requirements of Subsection (e), the person may petition the
59	57		court that placed the person on community supervision for an order
60	58		of nondisclosure. After notice to the state, an opportunity for a
61	59		hearing, and a determination that the person is entitled to file the
62	60		petition and that issuance of the order is in the best interest of
63	61		justice, the court shall issue an order prohibiting criminal
64	62		justice agencies from disclosing to the public criminal history
65	63		record information related to the offense giving rise to the
66	64		community supervision. A criminal justice agency may disclose
67	65		criminal history record information that is the subject of the
68	66		order only to other criminal justice agencies for criminal justice
69	67		purposes, an agency or entity listed in Subsection (i), or the
70	68		person who is the subject of the order. A person may petition the
71	69		court that placed the person on community supervision for an order
72	70		of nondisclosure only after:
73	71		(A) the conviction is set aside, if the offense
74	72		for which the person was placed on community supervision was a
75	73		misdemeanor; or
76	74		(B) the fifth anniversary of the date the
77	75		conviction is set aside, if the offense for which the person was
78	76		placed on community supervision was a felony.
79	77		(e) A person is entitled to petition the court under
80	78		Subsection (d) or (d-1) only if during the period of the community
81	79		supervision, including deferred adjudication community
82	80		supervision, for which the order of nondisclosure is requested and
83	81		during the applicable period described by Subsection (d)(1), (2),
84	82		or (3) or by Subsection (d-1)(2)(A) or (B), as appropriate, the
85	83		person is not convicted of or placed on deferred adjudication
86	84		community supervision under Section 5, Article 42.12, Code of
87	85		Criminal Procedure, for any offense other than an offense under the
88	86		Transportation Code punishable by fine only. A person is not
89	87		entitled to petition the court under Subsection (d) or (d-1) if the
90	88		person was placed on community supervision, including [the]
91	89		deferred adjudication community supervision, for, or has been
92	90		previously convicted of or placed on any other deferred
93	91		adjudication for:
94	92		(1) an offense requiring registration as a sex
95	93		offender under Chapter 62, Code of Criminal Procedure;
96	94		(2) an offense under Section 20.04, Penal Code,
97	95		regardless of whether the offense is a reportable conviction or
98	96		adjudication for purposes of Chapter 62, Code of Criminal
99	97		Procedure;
100	98		(3) an offense under Section 19.02, 19.03, 22.04,
101	99		22.041, 25.07, 25.072, or 42.072, Penal Code; or
102	100		(4) any other offense involving family violence, as
103	101		defined by Section 71.004, Family Code.
104	102		(f) For purposes of Subsections [Subsection] (d) and (e), a
105	103		person is considered to have been placed on deferred adjudication
106	104		community supervision if, regardless of the statutory
107	105		authorization:
108	106		(1) the person entered a plea of guilty or nolo
109	107		contendere;
110	108		(2) the judge deferred further proceedings without
111	109		entering an adjudication of guilt and placed the person under the
112	110		supervision of the court or an officer under the supervision of the
113	111		court; and
114	112		(3) at the end of the period of supervision, the judge
115	113		dismissed the proceedings and discharged the person.
116	114		(f-1) A person who petitions the court for an order of
117	115		nondisclosure under Subsection (d) or (d-1) may file the petition
118	116		in person, electronically, or by mail. The petition must be
119	117		accompanied by payment of a $28 fee to the clerk of the court in
120	118		addition to any other fee that generally applies to the filing of a
121	119		civil petition. The Office of Court Administration of the Texas
122	120		Judicial System shall prescribe a form for the filing of a petition
123	121		electronically or by mail. The form must provide for the petition
124	122		to be accompanied by the required fees and any other supporting
125	123		material determined necessary by the office of court
126	124		administration, including evidence that the person is entitled to
127	125		file the petition. The office of court administration shall make
128	126		available on its Internet website the electronic application and
129	127		printable application form. Each county or district clerk's office
130	128		that maintains an Internet website shall include on that website a
131	129		link to the electronic application and printable application form
132	130		available on the office of court administration's Internet website.
133	131		On receipt of a petition under this subsection, the court shall
134	132		provide notice to the state and an opportunity for a hearing on
135	133		whether the person is entitled to file the petition and issuance of
136	134		the order is in the best interest of justice. The court shall hold a
137	135		hearing before determining whether to issue an order of
138	136		nondisclosure, except that a hearing is not required if:
139	137		(1) the state does not request a hearing on the issue
140	138		before the 45th day after the date on which the state receives
141	139		notice under this subsection; and
142	140		(2) the court determines that:
143	141		(A) the defendant is entitled to file the
144	142		petition; and
145	143		(B) the order is in the best interest of justice.
146	144		(h) The clerk of a court that collects a fee paid under
147	145		Subsection (f-1) [(d)] shall remit the fee to the comptroller not
148	146		later than the last day of the month following the end of the
149	147		calendar quarter in which the fee is collected, and the comptroller
150	148		shall deposit the fee in the general revenue fund. The Department
151	149		of Public Safety shall submit a report to the legislature not later
152	150		than December 1 of each even-numbered year that includes
153	151		information on:
154	152		(1) the number of petitions for nondisclosure and
155	153		orders of nondisclosure received by the department in each of the
156	154		previous two years;
157	155		(2) the actions taken by the department with respect
158	156		to the petitions and orders received;
159	157		(3) the costs incurred by the department in taking
160	158		those actions; and
161	159		(4) the number of persons who are the subject of an
162	160		order of nondisclosure and who became the subject of criminal
163	161		charges for an offense committed after the order was issued.
164	162		SECTION 2. Subsection (i), Section 411.081, Government
165	163		Code, as amended by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583
166	164		(S.B. 869), Acts of the 83rd Legislature, Regular Session, 2013, is
167	165		reenacted and amended to read as follows:
168	166		(i) A criminal justice agency may disclose criminal history
169	167		record information that is the subject of an order of nondisclosure
170	168		under Subsection (d) or (d-1) to the following noncriminal justice
171	169		agencies or entities only:
172	170		(1) the State Board for Educator Certification;
173	171		(2) a school district, charter school, private school,
174	172		regional education service center, commercial transportation
175	173		company, or education shared service arrangement;
176	174		(3) the Texas Medical Board;
177	175		(4) the Texas School for the Blind and Visually
178	176		Impaired;
179	177		(5) the Board of Law Examiners;
180	178		(6) the State Bar of Texas;
181	179		(7) a district court regarding a petition for name
182	180		change under Subchapter B, Chapter 45, Family Code;
183	181		(8) the Texas School for the Deaf;
184	182		(9) the Department of Family and Protective Services;
185	183		(10) the Texas Juvenile Justice Department;
186	184		(11) the Department of Assistive and Rehabilitative
187	185		Services;
188	186		(12) the Department of State Health Services, a local
189	187		mental health service, a local mental retardation authority, or a
190	188		community center providing services to persons with mental illness
191	189		or retardation;
192	190		(13) the Texas Private Security Board;
193	191		(14) a municipal or volunteer fire department;
194	192		(15) the Texas Board of Nursing;
195	193		(16) a safe house providing shelter to children in
196	194		harmful situations;
197	195		(17) a public or nonprofit hospital or hospital
198	196		district, or a facility as defined by Section 250.001, Health and
199	197		Safety Code;
200	198		(18) the securities commissioner, the banking
201	199		commissioner, the savings and mortgage lending commissioner, the
202	200		consumer credit commissioner, or the credit union commissioner;
203	201		(19) the Texas State Board of Public Accountancy;
204	202		(20) the Texas Department of Licensing and Regulation;
205	203		(21) the Health and Human Services Commission;
206	204		(22) the Department of Aging and Disability Services;
207	205		(23) the Texas Education Agency;
208	206		(24) the Judicial Branch Certification Commission;
209	207		(25) a county clerk's office in relation to a
210	208		proceeding for the appointment of a guardian under Title 3, Estates
211	209		Code [Chapter XIII, Texas Probate Code];
212	210		(26) the Department of Information Resources but only
213	211		regarding an employee, applicant for employment, contractor,
214	212		subcontractor, intern, or volunteer who provides network security
215	213		services under Chapter 2059 to:
216	214		(A) the Department of Information Resources; or
217	215		(B) a contractor or subcontractor of the
218	216		Department of Information Resources;
219	217		(27) the Texas Department of Insurance;
220	218		(28) the Teacher Retirement System of Texas; and
221	219		(29) [(30)] the Texas State Board of Pharmacy.
222	220		SECTION 3. Subsection (a), Section 411.0851, Government
223	221		Code, is amended to read as follows:
224	222		(a) A private entity that compiles and disseminates for
225	223		compensation criminal history record information shall destroy and
226	224		may not disseminate any information in the possession of the entity
227	225		with respect to which the entity has received notice that:
228	226		(1) an order of expunction has been issued under
229	227		Article 55.02, Code of Criminal Procedure; or
230	228		(2) an order of nondisclosure has been issued under
231	229		Section 411.081(d) or (d-1).
232	230		SECTION 4. Section 552.142, Government Code, is amended to
233	231		read as follows:
234	232		Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
235	233		CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS].
236	234		(a) Information is excepted from the requirements of Section
237	235		552.021 if an order of nondisclosure with respect to the
238	236		information has been issued under Section 411.081(d) or (d-1).
239	237		(b) A person who is the subject of information that is
240	238		excepted from the requirements of Section 552.021 under this
241	239		section may deny the occurrence of the criminal proceeding [arrest
242	240		and prosecution] to which the information relates and the exception
243	241		of the information under this section, unless the information is
244	242		being used against the person in a subsequent criminal proceeding.
245	243		SECTION 5. Subsection (a), Section 552.1425, Government
246	244		Code, is amended to read as follows:
247	245		(a) A private entity that compiles and disseminates for
248	246		compensation criminal history record information may not compile or
249	247		disseminate information with respect to which the entity has
250	248		received notice that:
251	249		(1) an order of expunction has been issued under
252	250		Article 55.02, Code of Criminal Procedure; or
253	251		(2) an order of nondisclosure has been issued under
254	252		Section 411.081(d) or (d-1).
255	253		SECTION 6. Subsection (e), Section 53.021, Occupations
256	254		Code, is amended to read as follows:
257	255		(e) Subsection (c) does not apply if the person is an
258	256		applicant for or the holder of a license that authorizes the person
259	257		to provide:
260	258		(1) law enforcement or public health, education, or
261	259		safety services; or
262	260		(2) financial services in an industry regulated by a
263	261		person listed in Section 411.081(i)(18) [411.081(i)(19)],
264	262		Government Code.
265	263		SECTION 7. The change in law made by Subsection (d-1),
266	264		Section 411.081, Government Code, as added by this Act, applies to a
267	265		person whose conviction is set aside under Subsection (a), Section
268	266		20, Article 42.12, Code of Criminal Procedure, on or after the
269	267		effective date of this Act, regardless of when the person committed
270	268		the offense for which the person was convicted.
271	269		SECTION 8. This Act takes effect September 1, 2015.
	270	+	______________________________ ______________________________
	271	+	President of the Senate Speaker of the House
	272	+	I hereby certify that S.B. No. 130 passed the Senate on
	273	+	April 15, 2015, by the following vote: Yeas 31, Nays 0.
	274	+	______________________________
	275	+	Secretary of the Senate
	276	+	I hereby certify that S.B. No. 130 passed the House on
	277	+	May 21, 2015, by the following vote: Yeas 137, Nays 5, two
	278	+	present not voting.
	279	+	______________________________
	280	+	Chief Clerk of the House
	281	+	Approved:
	282	+	______________________________
	283	+	Date
	284	+	______________________________
	285	+	Governor