Bill Text: TX HB599 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to the release of certain criminal history record information subject to an order of nondisclosure.

Sponsorship: Partisan Bill (Republican 1)

Status: (Engrossed - Dead) 2011-05-16 - Referred to Criminal Justice [HB599 Detail]

Download: Texas-2011-HB599-Engrossed.html

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By: Jackson H.B. No. 599

A BILL TO BE ENTITLED
AN ACT
relating to the release of certain criminal history record
information subject to an order of nondisclosure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.081, Government Code, is amended by
amending Subsections (d) and (f-1), by reenacting and amending
Subsection (i), as amended by Chapters 183 (H.B. 1830), 780 (S.B.
1056), 816 (S.B. 1599), and 1027 (H.B. 4343), Acts of the 81st
Legislature, Regular Session, 2009, and by adding Subsection (i-1)
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
person [defendant] on deferred adjudication for an order of
nondisclosure under this subsection. Except as provided by
Subsection (e), a person may petition the court under this
subsection regardless of whether the person has been previously
placed on deferred adjudication community supervision for another
offense. After notice to the state and 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 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 to the person who is the subject of
the order. Except as provided by Subsection (i-1), a criminal
justice agency may disclose criminal history record information
that is the subject of the order to an agency or entity listed in
Subsection (i) only if the offense for which the person was placed
on deferred adjudication is a felony. A person may petition the
court that placed the person on deferred adjudication for an order
of nondisclosure on 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 payment may be made 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 second anniversary of the discharge 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 fifth anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony.
(f-1) In this subsection, "child" has the meaning assigned
by Section 51.02, Family Code. Notwithstanding any other
provision of this subchapter, on conviction of a child for a
misdemeanor offense punishable by fine only that does not
constitute conduct indicating a need for supervision under Section
51.03, Family Code, the convicting court shall immediately issue an
order prohibiting criminal justice agencies from disclosing to the
public criminal history record information related to the
offense. 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 purposes[, to an
agency or entity listed in Subsection (j),] or to the person who is
the subject of the order.
(i) Except as provided by Subsection (i-1), a [A] criminal
justice agency may disclose criminal history record information
that is the subject of an order of nondisclosure under Subsection
(d) to the following noncriminal justice agencies or entities only,
and only if the offense for which the person was placed on deferred
adjudication is a felony:
(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 Youth Commission;
(11) the Department of Assistive and Rehabilitative
Services;
(12) the Department of State Health Services, a local
mental health service, a local mental retardation authority, or a
community center providing services to persons with mental illness
or retardation;
(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;
(18) the Texas Juvenile Probation Commission;
(19) the securities commissioner, the banking
commissioner, the savings and mortgage lending commissioner, or the
credit union commissioner;
(20) the Texas State Board of Public Accountancy;
(21) the Texas Department of Licensing and Regulation;
(22) the Health and Human Services Commission;
(23) the Department of Aging and Disability Services;
(24) the Texas Education Agency; [and]
(25) the Guardianship Certification Board; [and]
(26) a county clerk's office in relation to a
proceeding for the appointment of a guardian under Chapter XIII,
Texas Probate Code;
(27) [(25)] 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;
(28) [(25)] the Court Reporters Certification Board;
and
(29) [(25)] the Texas Department of Insurance.
(i-1) A criminal justice agency may disclose criminal
history record information that is the subject of an order of
nondisclosure under Subsection (d), regardless of whether the
offense for which the person was placed on deferred adjudication i
s
a felony or a misdemeanor, to an agency or entity listed in
Subsection (i)(19). A criminal justice agency may disclose
criminal history record information that is the subject of an order
of nondisclosure under Subsection (d) to an agency or entity listed
in Subsection (i)(20) if the offense for which the person was placed
on deferred adjudication is:
(1) a felony; or
(2) a misdemeanor under Chapter 31, Penal Code, or
under Section 32.21 or 32.45 of that code.
SECTION 2. Section 411.081(j), Government Code, is
repealed.
SECTION 3. The change in law made by this Act to Section
411.081, Government Code, applies to the disclosure on or after the
effective date of this Act of criminal history record information
that is the subject of an order of nondisclosure, regardless of
whether the order is issued before, on, or after the effective date
of this Act.
SECTION 4. To the extent of any conflict, this Act prevails
over another Act of the 82nd Legislature, Regular Session, 2011,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 5. This Act takes effect September 1, 2011.