Bill Text: TX HB681 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to restricting access to certain information that relates to a person convicted of or granted a dismissal after deferral of disposition for a fine-only misdemeanor offense.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB681 Detail]

Download: Texas-2017-HB681-Enrolled.html
 
 
  H.B. No. 681
 
 
 
 
AN ACT
  relating to restricting access to certain information that relates
  to a person convicted of or granted a dismissal after deferral of
  disposition for a fine-only misdemeanor offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 44, Code of Criminal Procedure, is
  amended by adding Article 44.2812 to read as follows:
         Art. 44.2812.  CONFIDENTIAL RECORDS RELATED TO FINE-ONLY
  MISDEMEANOR. (a)  Except as provided by Subsection (b) and Article
  45.0218(b), following the fifth anniversary of the date of a final
  conviction of, or of a dismissal after deferral of disposition for,
  a misdemeanor offense punishable by fine only, all records and
  files and information stored by electronic means or otherwise, from
  which a record or file could be generated, that are held or stored
  by or for an appellate court and relate to the person who was
  convicted of, or who received a dismissal after deferral of
  disposition for, the offense are confidential and may not be
  disclosed to the public.
         (b)  This article does not apply to:
               (1)  an opinion issued by an appellate court; or
               (2)  records, files, and information described by
  Subsection (a) that relate to an offense that is sexual in nature,
  as determined by the holder of the records, files, or information.
         SECTION 2.  Subchapter B, Chapter 45, Code of Criminal
  Procedure, is amended by adding Article 45.0218 to read as follows:
         Art. 45.0218.  CONFIDENTIAL RECORDS RELATED TO FINE-ONLY
  MISDEMEANOR. (a)  Except as provided by Subsections (b) and (c),
  following the fifth anniversary of the date of a final conviction
  of, or of a dismissal after deferral of disposition for, a
  misdemeanor offense punishable by fine only, all records and files
  and information stored by electronic means or otherwise, from which
  a record or file could be generated, that are held or stored by or
  for a municipal or justice court and relate to the person who was
  convicted of, or who received a dismissal after deferral of
  disposition for, the offense are confidential and may not be
  disclosed to the public.
         (b)  Records, files, and information subject to Subsection
  (a) may be open to inspection only:
               (1)  by judges or court staff;
               (2)  by a criminal justice agency for a criminal
  justice purpose, as those terms are defined by Section 411.082,
  Government Code;
               (3)  by the Department of Public Safety;
               (4)  by the attorney representing the state;
               (5)  by the defendant or the defendant's counsel;
               (6)  if the offense is a traffic offense, an insurance
  company or surety company authorized to w
  rite motor vehicle
  liability insurance in this state; or
               (7)  for the purpose of complying with a requirement
  under federal law or if federal law requires the disclosure as a
  condition of receiving federal highway funds.
         (c)  This article does not apply to records, files, and
  information described by Subsection (a) that relate to an offense
  that is sexual in nature, as determined by the holder of the
  records, files, or information.
         SECTION 3.  The change in law made by this Act applies to the
  disclosure of information on or after the effective date of this Act
  regardless of whether the offense that is the subject of the
  information was committed before, on, or after the effective date
  of this Act.
         SECTION 4.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 681 was passed by the House on May 3,
  2017, by the following vote:  Yeas 142, Nays 2, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 681 on May 25, 2017, by the following vote:  Yeas 136, Nays 7, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 681 was passed by the Senate, with
  amendments, on May 23, 2017, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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