Bill Text: TX HB3578 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the date on which certain criminal defendants are eligible to file a petition for an order of nondisclosure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-20 - Left pending in committee [HB3578 Detail]
Download: Texas-2015-HB3578-Introduced.html
84R1222 JRR-F | ||
By: Alonzo | H.B. No. 3578 |
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relating to the date on which certain criminal defendants are | ||
eligible to file a petition for an order of nondisclosure. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.081(d), Government Code, is amended | ||
to read as follows: | ||
(d) Notwithstanding any other provision of this subchapter, | ||
if a person is placed on deferred adjudication community | ||
supervision under Section 5, Article 42.12, Code of Criminal | ||
Procedure, subsequently receives a discharge and dismissal under | ||
Section 5(c), Article 42.12, and satisfies the requirements of | ||
Subsection (e), the person may petition the court that placed the | ||
defendant on deferred adjudication for an order of nondisclosure | ||
under this subsection. Except as provided by Subsection (e), a | ||
person may petition the court for an order of nondisclosure | ||
regardless of whether the person has been previously placed on | ||
deferred adjudication community supervision for another | ||
offense. After notice to the state, an opportunity for a hearing, | ||
and a determination that the person is entitled to file the petition | ||
and issuance of 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 offense giving rise to the deferred adjudication. A | ||
criminal justice agency may disclose criminal history record | ||
information that is the subject of the order 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 that placed the person on deferred adjudication for an order | ||
of nondisclosure only on or after: | ||
(1) the discharge and dismissal, if the offense for | ||
which the person was placed on deferred adjudication was a | ||
misdemeanor other than a misdemeanor described by Subdivision (2); | ||
(2) the first [ |
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and dismissal, if the offense for which the person was placed on | ||
deferred adjudication was a misdemeanor under Chapter 20, 21, 22, | ||
25, 42, or 46, Penal Code; or | ||
(3) the third [ |
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dismissal, if the offense for which the person was placed on | ||
deferred adjudication was a felony. | ||
SECTION 2. The change in law made by this Act in amending | ||
Section 411.081, Government Code, applies to a person who petitions | ||
the court for an order of nondisclosure on or after the effective | ||
date of this Act, regardless of whether the person is placed on | ||
deferred adjudication community supervision before, on, or after | ||
that date. | ||
SECTION 3. This Act takes effect September 1, 2015. |