H.B. No. 681
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:
(1) an opinion issued by an appellate court; or
(2) records, files, and information described by
Subsection (a) that relate to an offense that is sexual in nature,
as determined by the holder of the records, files, or information.
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 Subsections (b) and (c),
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) Records, files, and information subject to Subsection
(a) may be open to inspection only:
(1) by judges or court staff;
(2) by a criminal justice agency for a criminal
justice purpose, as those terms are defined by Section 411.082,
Government Code;
(3) by the Department of Public Safety;
(4) by the attorney representing the state;
(5) by the defendant or the defendant's counsel;
(6) if the offense is a traffic offense, an insurance
company or surety company authorized to w
rite motor vehicle
liability insurance in this state; or
(7) for the purpose of complying with a requirement
under federal law or if federal law requires the disclosure as a
condition of receiving federal highway funds.
(c) This article does not apply to records, files, and
information described by Subsection (a) that relate to an offense
that is sexual in nature, as determined by the holder of the
records, files, or information.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 681 was passed by the House on May 3,
2017, by the following vote: Yeas 142, Nays 2, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 681 on May 25, 2017, by the following vote: Yeas 136, Nays 7, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 681 was passed by the Senate, with
amendments, on May 23, 2017, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor