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


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

Spectrum: Partisan Bill (Republican 1-0)

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

Download: Texas-2011-HB599-Engrossed.html
 
 
  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.
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