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A BILL TO BE ENTITLED
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AN ACT
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relating to a study on the availability of information regarding |
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convictions and deferred dispositions for certain fine-only |
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misdemeanors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The Office of Court Administration of the |
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Texas Judicial System shall conduct a study on how records |
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regarding Class C misdemeanors, other than traffic offenses, are |
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held in different Texas counties. |
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(b) The study shall address, with respect to each county: |
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(1) the public availability of Class C misdemeanor |
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conviction records; |
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(2) the public availability of any records relating to |
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a suspension of sentence and deferral of final disposition for a |
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Class C misdemeanor under Article 45.051, Code of Criminal |
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Procedure; |
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(3) the public availability of any records described |
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by Subdivision (1) or (2) of this subsection that are related to a |
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child; |
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(4) whether public access to and availability of |
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records described by Subdivisions (1)-(3) have been expanded or |
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restricted by the county over time; |
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(5) whether local agencies holding records described |
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by Subdivisions (1)-(3) destroy those records; |
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(6) the reasons and criteria for any destruction of |
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records described by Subdivisions (1)-(3); and |
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(7) the retention schedule of each local agency |
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holding records described by Subdivisions (1)-(3), if the agency |
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routinely destroys the records. |
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(c) Not later than January 1, 2017, the Office of Court |
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Administration shall issue a report on the study required under |
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this section to the lieutenant governor, the speaker of the house of |
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representatives, and the appropriate standing committees of the |
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house of representatives and the senate. |
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(d) This section expires September 1, 2017. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |