Bill Text: TX HB3579 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to certain criminal history record information; authorizing a fee.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Vetoed) 2015-06-20 - Vetoed by the Governor [HB3579 Detail]
Download: Texas-2015-HB3579-Enrolled.html
H.B. No. 3579 |
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relating to certain criminal history record information; | ||
authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1 | ||
SECTION 1.01. Section 15, Article 42.12, Code of Criminal | ||
Procedure, is amended by adding Subsections (l), (m), and (n) to | ||
read as follows: | ||
(l) On written motion of a defendant after completion of | ||
two-thirds of the original community supervision period for a state | ||
jail felony with respect to which written consent was obtained | ||
under Section 12.44(c), Penal Code, the judge may review the | ||
defendant's record and consider whether to amend the record of | ||
conviction to reflect a conviction for a Class A misdemeanor in lieu | ||
of a state jail felony. On disposition of the community supervision | ||
in a manner provided by Section 20, the judge, on discharge of the | ||
defendant, may amend the record of conviction to reflect a | ||
conviction for a Class A misdemeanor in lieu of a state jail felony, | ||
subject to Subsection (m), if: | ||
(1) the offense for which the defendant was placed on | ||
community supervision was not an offense: | ||
(A) under Section 30.02, Section 30.04, Section | ||
39.04(a)(2), Section 49.045, or Title 5, Penal Code; | ||
(B) under Article 62.102; or | ||
(C) involving family violence, as defined by | ||
Section 71.004, Family Code; | ||
(2) the defendant has fulfilled to the judge's | ||
satisfaction all the conditions of community supervision, | ||
including the payment of all required restitution, and is not | ||
delinquent on the payment of any fines, costs, and fees that the | ||
defendant has the ability to pay; | ||
(3) the defendant files with the written motion a | ||
statement that: | ||
(A) contains a summary of the defendant's | ||
performance during community supervision, including compliance | ||
with the conditions of community supervision; and | ||
(B) asserts that the defendant meets the | ||
conditions for an amendment of the record of conviction under this | ||
subsection; | ||
(4) the defendant provides a copy of the motion and | ||
statement to the attorney representing the state; and | ||
(5) at the hearing held on the motion, the judge finds | ||
that an amendment of the record of conviction is in the best | ||
interest of justice. | ||
(m) A judge who amends a record of conviction under | ||
Subsection (l) may not modify the name of the state jail felony | ||
offense for which the judge placed the defendant on community | ||
supervision. A defendant whose record of conviction is amended | ||
under Subsection (l) is not considered to have been convicted of a | ||
felony with respect to the modified offense. | ||
(n) A record of conviction that is amended under Subsection | ||
(l) supersedes and takes the place of the record of conviction as it | ||
existed on the original date of conviction. A judge retains | ||
jurisdiction for the purposes of Subsection (l) only until the | ||
expiration of the term of community supervision. | ||
SECTION 1.02. Article 55.01, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been | ||
placed under a custodial or noncustodial arrest for commission of | ||
either a felony or misdemeanor is entitled to have all records and | ||
files relating to the offense for which the person was arrested [ |
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(1) the person is tried for the offense for which the | ||
person was arrested and is: | ||
(A) acquitted by the trial court, except as | ||
provided by Subsection (c); or | ||
(B) convicted and subsequently: | ||
(i) pardoned for a reason other than that | ||
described by Subparagraph (ii); or | ||
(ii) pardoned or otherwise granted relief | ||
on the basis of actual innocence with respect to that offense, if | ||
the applicable pardon or court order clearly indicates on its face | ||
that the pardon or order was granted or rendered on the basis of the | ||
person's actual innocence; or | ||
(2) the person has been released and the charge, if | ||
any, for the offense for which the expunction is sought has been | ||
dismissed or has not resulted in a final conviction for that | ||
offense, the charge [ |
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court-ordered community supervision under Article 42.12 for that | ||
[ |
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provided that: | ||
(A) regardless of whether any statute of | ||
limitations exists for the offense and whether any limitations | ||
period for the offense has expired, an indictment or information | ||
charging the person with the commission of the [ |
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offense [ |
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(i) has not been presented against the | ||
person at any time following the person's arrest, and: | ||
(a) at least 180 days have elapsed | ||
from the date of arrest if the offense [ |
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expunction was sought was [ |
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misdemeanor and if there was no felony charge arising out of the | ||
same transaction for which the person was arrested; | ||
(b) at least one year has elapsed from | ||
the date of arrest if the offense [ |
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was sought was [ |
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misdemeanor and if there was no felony charge arising out of the | ||
same transaction for which the person was arrested; | ||
(c) at least three years have elapsed | ||
from the date of arrest if the offense [ |
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expunction was sought was [ |
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if there was a felony charge arising out of the same transaction for | ||
which the person was arrested; or | ||
(d) the attorney representing the | ||
state certifies that the applicable [ |
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not needed for use in any criminal investigation or prosecution, | ||
including an investigation or prosecution of another person; or | ||
(ii) if presented at any time following the | ||
person's arrest, was dismissed or quashed, and the court finds that | ||
the indictment or information was dismissed or quashed because the | ||
person completed a pretrial intervention program authorized under | ||
Section 76.011, Government Code, because the presentment had been | ||
made because of mistake, false information, or other similar reason | ||
indicating absence of probable cause at the time of the dismissal to | ||
believe the person committed the offense, or because the indictment | ||
or information was void; or | ||
(B) prosecution of the person for the offense for | ||
which the person was arrested is no longer possible because the | ||
limitations period has expired. | ||
(a-1) Notwithstanding any other provision of this article, | ||
a person may not expunge offense records and files if the applicable | ||
[ |
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warrant issued under Section 21, Article 42.12. | ||
(a-2) Notwithstanding any other provision of this article, | ||
a person who intentionally or knowingly absconds from the | ||
jurisdiction after being released under Chapter 17 following an | ||
arrest is not eligible under Subsection (a)(2)(A)(i)(a), (b), or | ||
(c) or Subsection (a)(2)(B) for an expunction of the records and | ||
files relating to that arrest and to the proceedings conducted | ||
under Chapter 17. | ||
(b) Except as provided by Subsection (c), a district court | ||
may expunge all records and files relating to the offense with | ||
respect to [ |
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of a felony or misdemeanor under the procedure established under | ||
Article 55.02 if: | ||
(1) the person is: | ||
(A) tried for the offense [ |
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(B) convicted of the offense; and | ||
(C) acquitted by the court of criminal appeals | ||
or, if the period for granting a petition for discretionary review | ||
has expired, by a court of appeals; or | ||
(2) an office of the attorney representing the state | ||
authorized by law to prosecute the offense for which the person was | ||
arrested recommends the expunction to the appropriate district | ||
court before the person is tried for the offense, regardless of | ||
whether an indictment or information has been presented against the | ||
person in relation to the offense. | ||
(c) A court may not order the expunction of records and | ||
files relating to [ |
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subsequently acquitted, whether by the trial court, a court of | ||
appeals, or the court of criminal appeals, if the offense for which | ||
the person was acquitted arose out of a criminal episode, as defined | ||
by Section 3.01, Penal Code, and the person was convicted of or | ||
remains subject to prosecution for at least one other offense | ||
occurring during the criminal episode. | ||
(d) A person is entitled to have expunged any information | ||
that identifies the person, including the person's name, address, | ||
date of birth, driver's license number, and social security number, | ||
contained in records and files relating to another person's [ |
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arrest or to any ensuing criminal proceedings based on that arrest | ||
[ |
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(1) the information identifying the person asserting | ||
the entitlement to expunction was falsely given by the person | ||
arrested as the arrested person's identifying information without | ||
the consent of the person asserting the entitlement; and | ||
(2) the only reason for the information identifying | ||
the person asserting the entitlement being contained in the offense | ||
[ |
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information was falsely given by the person arrested as the | ||
arrested person's identifying information. | ||
SECTION 1.03. Section 2a(b), Article 55.02, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(b) The application must be verified, include authenticated | ||
fingerprint records of the applicant, and include the following or | ||
an explanation for why one or more of the following is not included: | ||
(1) the applicant's full name, sex, race, date of | ||
birth, driver's license number, social security number, and address | ||
at the time the person who falsely identified himself or herself as | ||
the applicant was arrested; | ||
(2) the following information regarding the arrest: | ||
(A) the date of arrest; | ||
(B) the offense charged against the person | ||
arrested; | ||
(C) the name of the county or municipality in | ||
which the arrest occurred; and | ||
(D) the name of the arresting agency; and | ||
(3) a statement that: | ||
(A) the applicant is not the person arrested and | ||
for whom the applicable [ |
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and | ||
(B) the applicant did not give the person | ||
arrested consent to falsely identify himself or herself as the | ||
applicant. | ||
SECTION 1.04. Section 3(a), Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) In an order of expunction issued under this article, the | ||
court shall require any state agency that sent information | ||
concerning the offense [ |
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request the depository to return all records and files subject to | ||
the order of expunction. The person who is the subject of the | ||
expunction order or an agency protesting the expunction may appeal | ||
the court's decision in the same manner as in other civil cases. | ||
SECTION 1.05. Section 4(a-1), Article 55.02, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(a-1) The court shall provide in its expunction order that | ||
the applicable law enforcement agency and prosecuting attorney may | ||
retain the offense [ |
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becomes entitled to an expunction of those records and files based | ||
on the expiration of a period described by Article | ||
55.01(a)(2)(A)(i)(a), (b), or (c), but without the certification of | ||
the prosecuting attorney as described by Article | ||
55.01(a)(2)(A)(i)(d). | ||
SECTION 1.06. Article 55.03, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 55.03. EFFECT OF EXPUNCTION. When the order of | ||
expunction is final: | ||
(1) the release, maintenance, dissemination, or use of | ||
the expunged records and files for any purpose is prohibited; | ||
(2) except as provided in Subdivision (3) [ |
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(A) the occurrence of the arrest and any ensuing | ||
criminal proceedings based on the arrest; and | ||
(B) the existence of the expunction order; and | ||
(3) the person arrested or any other person, when | ||
questioned under oath in a criminal proceeding about an offense | ||
[ |
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that the matter in question has been expunged. | ||
SECTION 1.07. Section 1, Article 55.04, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 1. A person who, [ |
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while an officer or employee of the state or of any agency or other | ||
entity of the state or any political subdivision of the state, | ||
acquires knowledge of an arrest or of criminal proceedings based on | ||
that arrest and who knows of an order expunging the records and | ||
files relating to the applicable offense [ |
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offense if he knowingly releases, disseminates, or otherwise uses | ||
the records or files. | ||
SECTION 1.08. Section 12.44, Penal Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) With the written consent of the prosecuting attorney | ||
prior to sentencing, the court may amend the record of conviction to | ||
reflect a conviction for a Class A misdemeanor in lieu of a state | ||
jail felony as provided by Section 15(l), Article 42.12, Code of | ||
Criminal Procedure. | ||
ARTICLE 2 | ||
SECTION 2.01. Section 109.005(a), Business & Commerce Code, | ||
as added by Chapter 1200 (S.B. No. 1289), Acts of the 83rd | ||
Legislature, Regular Session, 2013, is amended to read as follows: | ||
(a) A business entity may not publish any criminal record | ||
information in the business entity's possession with respect to | ||
which the business entity has knowledge or has received notice | ||
that: | ||
(1) an order of expunction has been issued under | ||
Article 55.02, Code of Criminal Procedure; or | ||
(2) an order of nondisclosure has been issued under | ||
Section 411.081 [ |
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SECTION 2.02. Section 103.0211, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party | ||
to a civil suit, as applicable, shall pay the following fees and | ||
costs under the Government Code if ordered by the court or otherwise | ||
required: | ||
(1) a court reporter fee when testimony is taken: | ||
(A) in a criminal court in Dallas County (Sec. | ||
25.0593, Government Code) . . . $3; | ||
(B) in a county criminal court of appeals in | ||
Dallas County (Sec. 25.0594, Government Code) . . . $3; | ||
(C) in a county court at law in McLennan County | ||
(Sec. 25.1572, Government Code) . . . $3; and | ||
(D) in a county criminal court in Tarrant County | ||
(Sec. 25.2223, Government Code) . . . $3; | ||
(2) a court reporter service fee if the courts have | ||
official court reporters (Sec. 51.601, Government Code) . . . $15 | ||
or, in specified counties, $30; | ||
(3) a speedy trial rights waiver motion filing fee in | ||
El Paso County (Sec. 54.745, Government Code) . . . $100; | ||
(4) the costs of a criminal magistrate if the court | ||
determines that the nonprevailing party is able to defray the | ||
costs: | ||
(A) in Bexar County (Sec. 54.913, Government | ||
Code) . . . magistrate's fees; | ||
(B) in Dallas County (Sec. 54.313, Government | ||
Code) . . . magistrate's fees; | ||
(C) in Lubbock County (Sec. 54.883, Government | ||
Code) . . . magistrate's fees; | ||
(D) in Tarrant County (Sec. 54.663, Government | ||
Code) . . . magistrate's fees; and | ||
(E) in Travis County (Sec. 54.983, Government | ||
Code) . . . magistrate's fees; | ||
(5) an administrative fee for participation in certain | ||
community supervision programs (Sec. 76.015, Government Code) | ||
. . . not less than $25 and not more than $60 per month; [ |
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(6) fee paid on filing a petition for an order of | ||
nondisclosure of criminal history record information in certain | ||
cases (Sec. 411.081(f-1) [ |
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SECTION 2.03. Section 411.081, Government Code, is amended | ||
by adding Subsections (d-1), (e-1), (h-1), and (h-2) and amending | ||
Subsections (f), (f-1), and (h) to read as follows: | ||
(d-1) Notwithstanding any other provision of this chapter | ||
and subject to Subsection (e-1), a person who is convicted of and | ||
has satisfied the judgment for or who has received a dismissal after | ||
deferral of disposition for a fine-only misdemeanor, other than an | ||
offense under the Transportation Code or an offense under a | ||
municipal ordinance or county order, may petition the court that | ||
convicted or granted a dismissal to the person for an order of | ||
nondisclosure under this subsection. After notice to the state, | ||
the court shall hold a hearing on whether the person is entitled to | ||
file the petition and whether issuance of the order is in the best | ||
interest of justice. In determining whether granting the order is | ||
in the best interest of justice, the court may consider the person's | ||
criminal history record information among any other factors the | ||
court considers relevant. If the court determines that granting | ||
the order is in the best interest of justice, the court shall issue | ||
an order prohibiting criminal justice agencies from disclosing to | ||
the public criminal history record information related to the | ||
fine-only misdemeanor offense that is the subject of the petition. | ||
As a condition of granting the petition under this subsection for a | ||
person convicted of the offense, a court may require the defendant | ||
to perform community service, pay a fee, or both perform the | ||
community service and pay the fee as if the defendant had been | ||
placed on probation pending deferred disposition under Article | ||
45.051, Code of Criminal Procedure. A criminal justice agency may | ||
disclose criminal history record information that is the subject of | ||
an order of nondisclosure under this subsection only to other | ||
criminal justice agencies for criminal justice or regulatory | ||
licensing purposes, an agency or entity listed in Subsection (i), | ||
or the person who is the subject of the order. A person may petition | ||
the court for an order of nondisclosure under this subsection only | ||
on or after the first anniversary of the conviction or dismissal, as | ||
applicable. | ||
(e-1) A person is not entitled to petition the court under | ||
Subsection (d-1) if the person has been previously convicted of or | ||
placed on deferred adjudication for any offense other than an | ||
offense under the Transportation Code punishable by fine only, | ||
regardless of whether that offense is subject to an order of | ||
nondisclosure of criminal history record information granted under | ||
this section or any other law. | ||
(f) For purposes of Subsections [ |
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(e-1), a person is considered to have been placed on deferred | ||
adjudication community supervision if, regardless of the statutory | ||
authorization: | ||
(1) the person entered a plea of guilty or nolo | ||
contendere; | ||
(2) the judge deferred further proceedings without | ||
entering an adjudication of guilt and placed the person under the | ||
supervision of the court or an officer under the supervision of the | ||
court; and | ||
(3) at the end of the period of supervision, the judge | ||
dismissed the proceedings and discharged the person. | ||
(f-1) A person who petitions the court for an order of | ||
nondisclosure under Subsection (d) or (d-1) may file the petition | ||
in person, electronically, or by mail. The petition must be | ||
accompanied by payment of a $28 fee to the clerk of the court in | ||
addition to any other fee that generally applies to the filing of a | ||
civil petition. The Office of Court Administration of the Texas | ||
Judicial System shall prescribe a form for the filing of a petition | ||
electronically or by mail. The form must provide for the petition | ||
to be accompanied by the required fees and any other supporting | ||
material determined necessary by the office of court | ||
administration, including evidence that the person is entitled to | ||
file the petition. The office of court administration shall make | ||
available on its Internet website the electronic application and | ||
printable application form. Each county or district clerk's office | ||
that maintains an Internet website shall include on that website a | ||
link to the electronic application and printable application form | ||
available on the office of court administration's Internet website. | ||
On receipt of a petition under this subsection, the court shall | ||
provide notice to the state and an opportunity for a hearing on | ||
whether the person is entitled to file the petition and issuance of | ||
the order is in the best interest of justice. The court shall hold a | ||
hearing before determining whether to issue an order of | ||
nondisclosure, except that a hearing is not required if: | ||
(1) the state does not request a hearing on the issue | ||
before the 45th day after the date on which the state receives | ||
notice under this subsection; and | ||
(2) the court determines that: | ||
(A) the defendant is entitled to file the | ||
petition; and | ||
(B) the order is in the best interest of justice. | ||
(h) The clerk of a court that collects a fee paid under | ||
Subsection (f-1) for a petition filed under Subsection (d) [ |
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shall remit the fee to the comptroller not later than the last day | ||
of the month following the end of the calendar quarter in which the | ||
fee is collected, and the comptroller shall deposit the fee in the | ||
general revenue fund. | ||
(h-1) The clerk of a court that collects a fee paid under | ||
Subsection (f-1) for a petition filed under Subsection (d-1) shall | ||
deposit the fee to the credit of the general fund of the | ||
municipality or county, as applicable. | ||
(h-2) The Department of Public Safety shall submit a report | ||
to the legislature not later than December 1 of each even-numbered | ||
year that includes information on: | ||
(1) the number of petitions for nondisclosure and | ||
orders of nondisclosure received by the department in each of the | ||
previous two years; | ||
(2) the actions taken by the department with respect | ||
to the petitions and orders received; | ||
(3) the costs incurred by the department in taking | ||
those actions; and | ||
(4) the number of persons who are the subject of an | ||
order of nondisclosure and who became the subject of criminal | ||
charges for an offense committed after the order was issued. | ||
SECTION 2.04. Section 411.081(i), Government Code, as | ||
amended by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B. | ||
869), Acts of the 83rd Legislature, Regular Session, 2013, is | ||
reenacted and amended to read as follows: | ||
(i) A criminal justice agency may disclose criminal history | ||
record information that is the subject of an order of nondisclosure | ||
under this section [ |
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justice agencies or entities only: | ||
(1) the State Board for Educator Certification; | ||
(2) a school district, charter school, private school, | ||
regional education service center, commercial transportation | ||
company, or education shared service arrangement; | ||
(3) the Texas Medical Board; | ||
(4) the Texas School for the Blind and Visually | ||
Impaired; | ||
(5) the Board of Law Examiners; | ||
(6) the State Bar of Texas; | ||
(7) a district court regarding a petition for name | ||
change under Subchapter B, Chapter 45, Family Code; | ||
(8) the Texas School for the Deaf; | ||
(9) the Department of Family and Protective Services; | ||
(10) the Texas Juvenile Justice Department; | ||
(11) the Department of Assistive and Rehabilitative | ||
Services; | ||
(12) the Department of State Health Services, a local | ||
mental health service, a local intellectual and developmental | ||
disability [ |
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providing services to persons with mental illness or intellectual | ||
or developmental disabilities [ |
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(13) the Texas Private Security Board; | ||
(14) a municipal or volunteer fire department; | ||
(15) the Texas Board of Nursing; | ||
(16) a safe house providing shelter to children in | ||
harmful situations; | ||
(17) a public or nonprofit hospital or hospital | ||
district, or a facility as defined by Section 250.001, Health and | ||
Safety Code; | ||
(18) the securities commissioner, the banking | ||
commissioner, the savings and mortgage lending commissioner, the | ||
consumer credit commissioner, or the credit union commissioner; | ||
(19) the Texas State Board of Public Accountancy; | ||
(20) the Texas Department of Licensing and Regulation; | ||
(21) the Health and Human Services Commission; | ||
(22) the Department of Aging and Disability Services; | ||
(23) the Texas Education Agency; | ||
(24) the Judicial Branch Certification Commission; | ||
(25) a county clerk's office in relation to a | ||
proceeding for the appointment of a guardian under Title 3, Estates | ||
Code [ |
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(26) the Department of Information Resources but only | ||
regarding an employee, applicant for employment, contractor, | ||
subcontractor, intern, or volunteer who provides network security | ||
services under Chapter 2059 to: | ||
(A) the Department of Information Resources; or | ||
(B) a contractor or subcontractor of the | ||
Department of Information Resources; | ||
(27) the Texas Department of Insurance; | ||
(28) the Teacher Retirement System of Texas; and | ||
(29) [ |
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SECTION 2.05. Section 411.0851(a), Government Code, is | ||
amended to read as follows: | ||
(a) A private entity that compiles and disseminates for | ||
compensation criminal history record information shall destroy and | ||
may not disseminate any information in the possession of the entity | ||
with respect to which the entity has received notice that: | ||
(1) an order of expunction has been issued under | ||
Article 55.02, Code of Criminal Procedure; or | ||
(2) an order of nondisclosure has been issued under | ||
Section 411.081 [ |
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SECTION 2.06. The heading to Section 552.142, Government | ||
Code, is amended to read as follows: | ||
Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF | ||
CERTAIN CRIMINAL HISTORY INFORMATION [ |
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SECTION 2.07. Section 552.142(a), Government Code, is | ||
amended to read as follows: | ||
(a) Information is excepted from the requirements of | ||
Section 552.021 if an order of nondisclosure with respect to the | ||
information has been issued under Section 411.081 [ |
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SECTION 2.08. Section 552.1425(a), Government Code, is | ||
amended to read as follows: | ||
(a) A private entity that compiles and disseminates for | ||
compensation criminal history record information may not compile or | ||
disseminate information with respect to which the entity has | ||
received notice that: | ||
(1) an order of expunction has been issued under | ||
Article 55.02, Code of Criminal Procedure; or | ||
(2) an order of nondisclosure has been issued under | ||
Section 411.081 [ |
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SECTION 2.09. Section 53.021(e), Occupations Code, is | ||
amended to read as follows: | ||
(e) Subsection (c) does not apply if the person is an | ||
applicant for or the holder of a license that authorizes the person | ||
to provide: | ||
(1) law enforcement or public health, education, or | ||
safety services; or | ||
(2) financial services in an industry regulated by a | ||
person listed in Section 411.081(i)(18) [ |
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Government Code. | ||
SECTION 2.10. This article takes effect only if S.B. 1902, | ||
Acts of the 84th Legislature, Regular Session, 2015, does not | ||
become law. If that bill becomes law, this article has no effect. | ||
ARTICLE 3 | ||
SECTION 3.01. Subchapter E-1, Chapter 411, Government Code, | ||
as effective September 1, 2015, is amended by adding Section | ||
411.0729 to read as follows: | ||
Sec. 411.0729. PROCEDURE FOR CERTAIN FINE-ONLY | ||
MISDEMEANORS. (a) This section applies only to a person who is | ||
convicted of and has satisfied the judgment for or who has received | ||
a dismissal after deferral of disposition for a fine-only | ||
misdemeanor, other than an offense under the Transportation Code or | ||
an offense under a municipal ordinance or county order. | ||
(b) Notwithstanding any other provision of this chapter or | ||
Subchapter F, a person described by Subsection (a) may petition the | ||
court that convicted or granted a dismissal to the person for an | ||
order of nondisclosure of criminal history record information under | ||
this section if the person: | ||
(1) satisfies the requirements of Section 411.074; and | ||
(2) has never been previously convicted of or placed | ||
on deferred adjudication community supervision for another offense | ||
other than an offense under the Transportation Code that is | ||
punishable by fine only, regardless of whether that offense is | ||
subject to an order of nondisclosure of criminal history record | ||
information granted under this subchapter or any other law. | ||
(c) After notice to the state, the court shall hold a | ||
hearing on whether the person is entitled to file the petition and | ||
whether issuance of the order is in the best interest of justice. | ||
In determining whether granting the order is in the best interest of | ||
justice, the court may consider the person's criminal history | ||
record information among any other factors the court considers | ||
relevant. If the court determines that granting the order is in the | ||
best interest of justice, the court shall issue an order | ||
prohibiting criminal justice agencies from disclosing to the public | ||
criminal history record information related to the fine-only | ||
misdemeanor offense that is the subject of the petition. As a | ||
condition of granting the petition under this section for a person | ||
convicted of the offense, a court may require the person to perform | ||
community service, pay a fee, or both perform the community service | ||
and pay the fee as if the person had been placed on probation | ||
pending deferred disposition under Article 45.051, Code of Criminal | ||
Procedure. | ||
(d) A person may petition the court for an order of | ||
nondisclosure of criminal history record information under this | ||
section only on or after the first anniversary of the conviction or | ||
dismissal, as applicable. | ||
SECTION 3.02. Section 411.077, Government Code, as | ||
effective September 1, 2015, is amended by adding Subsection (a-1) | ||
to read as follows: | ||
(a-1) The clerk of a court that collects a fee paid under | ||
Section 411.0745 for a petition filed under Section 411.0729 shall | ||
deposit the fee to the credit of the general fund of the | ||
municipality or county, as applicable. | ||
SECTION 3.03. This article takes effect only if S.B. 1902, | ||
Acts of the 84th Legislature, Regular Session, 2015, becomes law. | ||
If that bill does not become law, this article has no effect. | ||
ARTICLE 4 | ||
SECTION 4.01. This Act applies to an expunction of records | ||
and files relating to any criminal offense that occurred before, | ||
on, or after the effective date of this Act. | ||
SECTION 4.02. This Act applies to a petition for an order of | ||
nondisclosure that is filed on or after the effective date of this | ||
Act, regardless of whether the misdemeanor that is the subject of | ||
the petition occurred before, on, or after the effective date of | ||
this Act. | ||
SECTION 4.03. The changes in law made by this Act in | ||
amending Section 15, Article 42.12, Code of Criminal Procedure, and | ||
adding Section 12.44(c), Penal Code, apply only to a defendant who | ||
is placed on community supervision for an offense committed on or | ||
after the effective date of this Act. A defendant who is placed on | ||
community supervision for an offense committed before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
offense was committed, and the former law is continued in effect for | ||
that purpose. For purposes of this section, an offense was | ||
committed before the effective date of this Act if any element of | ||
the offense occurred before that date. | ||
SECTION 4.04. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3579 was passed by the House on May | ||
15, 2015, by the following vote: Yeas 124, Nays 4, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3579 on May 29, 2015, by the following vote: Yeas 142, Nays 3, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3579 was passed by the Senate, with | ||
amendments, on May 27, 2015, by the following vote: Yeas 30, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |