By: Zaffirini, et al. S.B. No. 47
(Wu)
A BILL TO BE ENTITLED
AN ACT
relating to a study on the availability of information regarding
convictions and deferred dispositions for certain misdemeanors
punishable by fine only.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Office of Court Administration of the
Texas Judicial System shall conduct a study on how records
regarding misdemeanors punishable by fine only, other than traffic
offenses, are held in different Texas counties.
(b) The study must address, with respect to each county:
(1) the public availability of conviction records for
misdemeanors punishable by fine only;
(2) the public availability of records relating to
suspension of sentence and deferral of final disposition under
Article 45.051, Code of Criminal Procedure, for misdemeanors
punishable by fine only;
(3) the public availability of records described by
Subdivision (1) or (2) of this subsection that are related to a
child younger than 18 years of age;
(4) whether public access to and availability of
records described by Subdivisions (1)-(3) of this subsection have
been expanded or restricted by the county over time;
(5) whether local agencies holding records described
by Subdivisions (1)-(3) of this subsection destroy those records;
(6) the reasons and criteria for any destruction of
records described by Subdivisions (1)-(3) of this subsection; and
(7) the retention schedule of each local agency
holding records described by Subdivisions (1)-(3) of this
subsection, if the agency routinely destroys those records.
(c) Not later than January 1, 2019, the Office of Court
Administration shall issue a report on the study required under
this section to the lieutenant governor, the speaker of the house of
representatives, and the appropriate standing committees of the
house of representatives and the senate.
(d) This section expires September 1, 2019.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.