Texas 2015 - 84th Regular

Texas Senate Bill SB563 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R760 JSC-D
2	2	By: Hinojosa S.B. No. 563
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to orders of nondisclosure issued for records of certain
8	8	fine-only misdemeanors; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 103.0211, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
13	13	CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
14	14	to a civil suit, as applicable, shall pay the following fees and
15	15	costs under the Government Code if ordered by the court or otherwise
16	16	required:
17	17	(1) a court reporter fee when testimony is taken:
18	18	(A) in a criminal court in Dallas County (Sec.
19	19	25.0593, Government Code) . . . $3;
20	20	(B) in a county criminal court of appeals in
21	21	Dallas County (Sec. 25.0594, Government Code) . . . $3;
22	22	(C) in a county court at law in McLennan County
23	23	(Sec. 25.1572, Government Code) . . . $3; and
24	24	(D) in a county criminal court in Tarrant County
25	25	(Sec. 25.2223, Government Code) . . . $3;
26	26	(2) a court reporter service fee if the courts have
27	27	official court reporters (Sec. 51.601, Government Code) . . . $15
28	28	or, in specified counties, $30;
29	29	(3) a speedy trial rights waiver motion filing fee in
30	30	El Paso County (Sec. 54.745, Government Code) . . . $100;
31	31	(4) the costs of a criminal magistrate if the court
32	32	determines that the nonprevailing party is able to defray the
33	33	costs:
34	34	(A) in Bexar County (Sec. 54.913, Government
35	35	Code) . . . magistrate's fees;
36	36	(B) in Dallas County (Sec. 54.313, Government
37	37	Code) . . . magistrate's fees;
38	38	(C) in Lubbock County (Sec. 54.883, Government
39	39	Code) . . . magistrate's fees;
40	40	(D) in Tarrant County (Sec. 54.663, Government
41	41	Code) . . . magistrate's fees; and
42	42	(E) in Travis County (Sec. 54.983, Government
43	43	Code) . . . magistrate's fees;
44	44	(5) an administrative fee for participation in certain
45	45	community supervision programs (Sec. 76.015, Government Code)
46	46	. . . not less than $25 and not more than $60 per month; [and]
47	47	(6) fee paid on filing a petition for an order of
48	48	nondisclosure of criminal history record information in certain
49	49	deferred adjudication cases (Sec. 411.081(d) [411.081], Government
50	50	Code) . . . $28; and
51	51	(7) fee paid on filing a petition for an order of
52	52	nondisclosure of criminal history record information in certain
53	53	fine-only misdemeanor cases (Sec. 411.081(d-1), Government Code)
54	54	. . . $28.
55	55	SECTION 2. Section 411.081, Government Code, is amended by
56	56	adding Subsections (d-1), (e-1), and (h-1) to read as follows:
57	57	(d-1) Notwithstanding any other provision of this chapter,
58	58	a person who is convicted of and has satisfied the judgment for or
59	59	who has received a dismissal after deferral of disposition for a
60	60	fine-only misdemeanor, other than a traffic offense or an offense
61	61	under a municipal ordinance or county order, may petition the court
62	62	that convicted or granted a dismissal to the person for an order of
63	63	nondisclosure under this subsection. Subject to Subsection (e-1),
64	64	a person may petition the court under this subsection regardless of
65	65	whether the person has been previously convicted of or granted a
66	66	dismissal for a fine-only misdemeanor offense. After notice to the
67	67	state and a hearing on whether the person is entitled to file the
68	68	petition and issuance of the order is in the best interest of
69	69	justice, the court shall issue an order prohibiting criminal
70	70	justice agencies from disclosing to the public criminal history
71	71	record information related to the fine-only misdemeanor offense
72	72	that is the subject of the petition. As a condition of granting the
73	73	petition under this subsection for a person convicted of the
74	74	offense, a court may require the defendant to perform community
75	75	service, pay a fee, or both perform the community service and pay
76	76	the fee as if the defendant had been put on probation pending
77	77	deferred disposition under Article 45.051, Code of Criminal
78	78	Procedure. A criminal justice agency may disclose criminal history
79	79	record information that is the subject of an order of nondisclosure
80	80	under this subsection only to other criminal justice agencies, for
81	81	criminal justice or regulatory licensing purposes, an agency or
82	82	entity listed in Subsection (i), or the person who is the subject of
83	83	the order. A person may petition the court for an order of
84	84	nondisclosure under this subsection on payment of a $28 fee to the
85	85	clerk of the court in addition to any other fee that generally
86	86	applies to the filing of a civil petition. The payment may be made
87	87	only on or after the first anniversary of the conviction or
88	88	dismissal, as applicable.
89	89	(e-1) A person is not entitled to petition the court under
90	90	Subsection (d-1) if the person has been previously convicted of or
91	91	placed on deferred adjudication for:
92	92	(1) an offense requiring registration as a sex
93	93	offender under Chapter 62, Code of Criminal Procedure;
94	94	(2) an offense under Section 20.04, Penal Code,
95	95	regardless of whether the offense is a reportable conviction or
96	96	adjudication for purposes of Chapter 62, Code of Criminal
97	97	Procedure;
98	98	(3) an offense under Section 19.02, 19.03, 22.04,
99	99	22.041, 25.07, 25.072, or 42.072, Penal Code; or
100	100	(4) any other offense involving family violence, as
101	101	defined by Section 71.004, Family Code.
102	102	(h-1) The clerk of a court that collects a fee under
103	103	Subsection (d-1) shall deposit the fee to the credit of the general
104	104	fund of the municipality or county, as applicable.
105	105	SECTION 3. Section 411.081(i), Government Code, as amended
106	106	by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B. 869), Acts
107	107	of the 83rd Legislature, Regular Session, 2013, is reenacted and
108	108	amended to read as follows:
109	109	(i) A criminal justice agency may disclose criminal history
110	110	record information that is the subject of an order of nondisclosure
111	111	under this section [Subsection (d)] to the following noncriminal
112	112	justice agencies or entities only:
113	113	(1) the State Board for Educator Certification;
114	114	(2) a school district, charter school, private school,
115	115	regional education service center, commercial transportation
116	116	company, or education shared service arrangement;
117	117	(3) the Texas Medical Board;
118	118	(4) the Texas School for the Blind and Visually
119	119	Impaired;
120	120	(5) the Board of Law Examiners;
121	121	(6) the State Bar of Texas;
122	122	(7) a district court regarding a petition for name
123	123	change under Subchapter B, Chapter 45, Family Code;
124	124	(8) the Texas School for the Deaf;
125	125	(9) the Department of Family and Protective Services;
126	126	(10) the Texas Juvenile Justice Department;
127	127	(11) the Department of Assistive and Rehabilitative
128	128	Services;
129	129	(12) the Department of State Health Services, a local
130	130	mental health service, a local mental retardation authority, or a
131	131	community center providing services to persons with mental illness
132	132	or retardation;
133	133	(13) the Texas Private Security Board;
134	134	(14) a municipal or volunteer fire department;
135	135	(15) the Texas Board of Nursing;
136	136	(16) a safe house providing shelter to children in
137	137	harmful situations;
138	138	(17) a public or nonprofit hospital or hospital
139	139	district, or a facility as defined by Section 250.001, Health and
140	140	Safety Code;
141	141	(18) the securities commissioner, the banking
142	142	commissioner, the savings and mortgage lending commissioner, the
143	143	consumer credit commissioner, or the credit union commissioner;
144	144	(19) the Texas State Board of Public Accountancy;
145	145	(20) the Texas Department of Licensing and Regulation;
146	146	(21) the Health and Human Services Commission;
147	147	(22) the Department of Aging and Disability Services;
148	148	(23) the Texas Education Agency;
149	149	(24) the Judicial Branch Certification Commission;
150	150	(25) a county clerk's office in relation to a
151	151	proceeding for the appointment of a guardian under Title 3, Estates
152	152	Code [Chapter XIII, Texas Probate Code];
153	153	(26) the Department of Information Resources but only
154	154	regarding an employee, applicant for employment, contractor,
155	155	subcontractor, intern, or volunteer who provides network security
156	156	services under Chapter 2059 to:
157	157	(A) the Department of Information Resources; or
158	158	(B) a contractor or subcontractor of the
159	159	Department of Information Resources;
160	160	(27) the Texas Department of Insurance;
161	161	(28) the Teacher Retirement System of Texas; and
162	162	(29) [(30)] the Texas State Board of Pharmacy.
163	163	SECTION 4. Section 411.0851(a), Government Code, is amended
164	164	to read as follows:
165	165	(a) A private entity that compiles and disseminates for
166	166	compensation criminal history record information shall destroy and
167	167	may not disseminate any information in the possession of the entity
168	168	with respect to which the entity has received notice that:
169	169	(1) an order of expunction has been issued under
170	170	Article 55.02, Code of Criminal Procedure; or
171	171	(2) an order of nondisclosure has been issued under
172	172	Section 411.081 [411.081(d)].
173	173	SECTION 5. The heading to Section 552.142, Government Code,
174	174	is amended to read as follows:
175	175	Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
176	176	CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS].
177	177	SECTION 6. Section 552.142(a), Government Code, is amended
178	178	to read as follows:
179	179	(a) Information is excepted from the requirements of
180	180	Section 552.021 if an order of nondisclosure with respect to the
181	181	information has been issued under Section 411.081 [411.081(d)].
182	182	SECTION 7. Section 552.1425(a), Government Code, is amended
183	183	to read as follows:
184	184	(a) A private entity that compiles and disseminates for
185	185	compensation criminal history record information may not compile or
186	186	disseminate information with respect to which the entity has
187	187	received notice that:
188	188	(1) an order of expunction has been issued under
189	189	Article 55.02, Code of Criminal Procedure; or
190	190	(2) an order of nondisclosure has been issued under
191	191	Section 411.081 [411.081(d)].
192	192	SECTION 8. The change in law made by this Act applies to a
193	193	petition for an order of nondisclosure that is filed on or after the
194	194	effective date of this Act, regardless of whether the misdemeanor
195	195	that is the subject of the petition occurred before, on, or after
196	196	the effective date of this Act.
197	197	SECTION 9. This Act takes effect September 1, 2015.