Bill Text: TX HB2855 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the prompt issuance of an order of nondisclosure for certain defendants; authorizing a fee.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-04-17 - Left pending in committee [HB2855 Detail]

Download: Texas-2013-HB2855-Introduced.html

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83R7348 JSC-D
By: Miles H.B. No. 2855

A BILL TO BE ENTITLED
AN ACT
relating to the prompt issuance of an order of nondisclosure for
certain defendants; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.081, Government Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) A person eligible for an order of nondisclosure on or
after the discharge and dismissal under Subsection (d)(1) may
petition the court that placed the person on deferred adjudication
for an order of nondisclosure to be issued at the time the court
discharges the defendant and dismisses the proceedings under
Section 5(c), Article 42.12, Code of Criminal Procedure. A person
who petitions the court under this subsection is not required to pay
the costs generally applicable to filing a civil petition, but is
required to pay the $28 filing fee imposed under Subsection (d). A
court that receives a petition under this subsection may, at the
time of discharge and dismissal, issue an order of nondisclosure in
the manner provided by Subsection (d) as if the petition had been
filed under that subsection.
SECTION 2. Sections 5(a-1) and (c-1), Article 42.12, Code
of Criminal Procedure, are amended to read as follows:
(a-1) Before placing a defendant on deferred adjudication
community supervision under this section, the court shall inform
the defendant of the defendant's right to petition the court for an
order of nondisclosure under Section 411.081, Government Code,
including the right of an eligible defendant to file a petition
under Subsection (d-1) of that section, unless the defendant is
ineligible to pursue that right because of:
(1) the nature of the offense for which the defendant
is placed on deferred adjudication community supervision; or
(2) the defendant's criminal history.
(c-1) A judge who dismisses the proceedings against a
defendant and discharges the defendant under Subsection (c) shall:
(1) provide the defendant with a copy of the order of
dismissal and discharge; and
(2) if applicable:
(A) enter an order of nondisclosure for an
eligible defendant who filed a petition with the court under
Section 411.081(d-1), Government Code; or
(B) [,] inform the defendant of the defendant's
eligibility to petition the court for an order of nondisclosure
under Section 411.081, Government Code, and the earliest date the
defendant is eligible to file the petition [for the order of
nondisclosure].
SECTION 3. The change in law made by this Act applies to a
discharge and dismissal that occurs on or after the effective date
of this Act, regardless of whether the offense for which the
defendant was placed on deferred adjudication community
supervision occurred before, on, or after the effective date of
this Act.
SECTION 4. This Act takes effect September 1, 2013.