By: Wu, Thompson of Harris, Moody H.B. No. 681
(Senate Sponsor - Zaffirini)
(In the Senate - Received from the House May 3, 2017;
May 8, 2017, read first time and referred to Committee on Criminal
Justice; May 19, 2017, reported favorably by the following vote:
Yeas 7, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to restricting access to certain information that relates
to a person convicted of or granted a dismissal after deferral of
disposition for a fine-only misdemeanor offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 44, Code of Criminal Procedure, is
amended by adding Article 44.2812 to read as follows:
Art. 44.2812. CONFIDENTIAL RECORDS RELATED TO FINE-ONLY
MISDEMEANOR. (a) Except as provided by Subsection (b) and Article
45.0218(b), following the fifth anniversary of the date of a final
conviction of, or of a dismissal after deferral of disposition for,
a misdemeanor offense punishable by fine only, all records and
files and information stored by electronic means or otherwise, from
which a record or file could be generated, that are held or stored
by or for an appellate court and relate to the person who was
convicted of, or who received a dismissal after deferral of
disposition for, the offense are confidential and may not be
disclosed to the public.
(b) This article does not apply to an opinion issued by an
appellate court.
SECTION 2. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0218 to read as follows:
Art. 45.0218. CONFIDENTIAL RECORDS RELATED TO FINE-ONLY
MISDEMEANOR. (a) Except as provided by Subsection (b), following
the fifth anniversary of the date of a final conviction of, or of a
dismissal after deferral of disposition for, a misdemeanor offense
punishable by fine only, all records and files and information
stored by electronic means or otherwise, from which a record or file
could be generated, that are held or stored by or for a municipal or
justice court and relate to the person who was convicted of, or who
received a dismissal after deferral of disposition for, the offense
are confidential and may not be disclosed to the public.
(b) Information subject to Subsection (a) may be open to
inspection only by:
(1) judges or court staff;
(2) a criminal justice agency for a criminal justice
purpose, as those terms are defined by Section 411.082, Government
Code;
(3) the Department of Public Safety;
(4) the attorney representing the state;
(5) the defendant or the defendant's counsel; or
(6) if the offense is a traffic offense, an insurance
company or surety company authorized to write motor vehicle
liability insurance in this state.
SECTION 3. The change in law made by this Act applies to the
disclosure of information on or after the effective date of this Act
regardless of whether the offense that is the subject of the
information was committed before, on, or after the effective date
of this Act.
SECTION 4. This Act takes effect September 1, 2017.
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