Bill Text: TX SB1902 | 2015-2016 | 84th Legislature | Enrolled

---

Bill Title: Relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information; authorizing a fee.

Sponsorship: Bipartisan Bill

Status: (Passed) 2015-06-20 - Effective on 9/1/15 [SB1902 Detail]

Download: Texas-2015-SB1902-Enrolled.html

---

S.B. No. 1902

AN ACT
relating to the eligibility of criminal defendants for an order of
nondisclosure of criminal history record information; authorizing
a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. ORDER OF NONDISCLOSURE OF CRIMINAL HISTORY RECORD
INFORMATION
Sec. 411.071. DEFINITIONS. In this subchapter, "criminal
history record information," "criminal justice agency," and
"criminal justice purpose" have the meanings assigned by Section
411.082.
SECTION 2. Section 411.081(f), Government Code, is
transferred to Subchapter E-1, Chapter 411, Government Code, as
added by this Act, redesignated as Section 411.0715, Government
Code, and amended to read as follows:
Sec. 411.0715. DEFINITION OF DEFERRED ADJUDICATION
COMMUNITY SUPERVISION FOR PURPOSE OF RECEIVING ORDER OF
NONDISCLOSURE. [(f)] For purposes of an order of nondisclosure of
criminal history record information under this subchapter
[Subsection (d)], a person is considered to have been placed on
deferred adjudication community supervision if, regardless of the
statutory authorization:
(1) the person entered a plea of guilty or nolo
contendere;
(2) the judge deferred further proceedings without
entering an adjudication of guilt and placed the person under the
supervision of the court or an officer under the supervision of the
court; and
(3) at the end of the period of supervision the judge
dismissed the proceedings and discharged the person.
SECTION 3. Subchapter E-1, Chapter 411, Government Code, as
added by this Act, is amended by adding Section 411.072 to read as
follows:
Sec. 411.072. PROCEDURE FOR DEFERRED ADJUDICATION
COMMUNITY SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a) This
section applies only to a person who:
(1) was placed on deferred adjudication community
supervision under Section 5, Article 42.12, Code of Criminal
Procedure, for a misdemeanor other than a misdemeanor:
(A) under Chapter 20, 21, 22, 25, 42, 43, 46, or
71, Penal Code; or
(B) with respect to which an affirmative finding
under Section 5(k), Article 42.12, Code of Criminal Procedure, was
filed in the papers of the case; and
(2) has never been previously convicted of or placed
on deferred adjudication community supervision for another offense
other than an offense under the Transportation Code that is
punishable by fine only.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, if a person described by Subsection (a) receives a
discharge and dismissal under Section 5(c), Article 42.12, Code of
Criminal Procedure, and satisfies the requirements of Section
411.074, the court that placed the person on deferred adjudication
community supervision shall issue an order of nondisclosure of
criminal history record information under this subchapter
prohibiting criminal justice agencies from disclosing to the public
criminal history record information related to the offense giving
rise to the deferred adjudication community supervision. The court
shall determine whether the person satisfies the requirements of
Section 411.074, and if the court makes a finding that the
requirements of that section are satisfied, the court shall issue
the order of nondisclosure of criminal history record information:
(1) at the time the court discharges and dismisses the
proceedings against the person, if the discharge and dismissal
occurs on or after the 180th day after the date the court placed the
person on deferred adjudication community supervision; or
(2) as soon as practicable on or after the 180th day
after the date the court placed the person on deferred adjudication
community supervision, if the discharge and dismissal occurred
before that date.
(c) The person shall present to the court any evidence
necessary to establish that the person is eligible to receive an
order of nondisclosure of criminal history record information under
this section. The person must pay a $28 fee to the clerk of the
court before the court issues the order.
SECTION 4. Section 411.081(d), Government Code, is
transferred to Subchapter E-1, Chapter 411, Government Code, as
added by this Act, redesignated as Section 411.0725, Government
Code, and amended to read as follows:
Sec. 411.0725. PROCEDURE FOR DEFERRED ADJUDICATION
COMMUNITY SUPERVISION; FELONIES AND CERTAIN MISDEMEANORS.
(a) This section applies only to a person placed on deferred
adjudication community supervision under Section 5, Article 42.12,
Code of Criminal Procedure, who is not eligible to receive an order
of nondisclosure of criminal history record information under
Section 411.072.
(b) [(d)] Notwithstanding any other provision of this
subchapter or Subchapter F, if a person described by Subsection (a)
[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, Code of Criminal Procedure, and satisfies the requirements
of Section 411.074 [Subsection (e)], the person may petition the
court that placed the person [defendant] on deferred adjudication
community supervision for an order of nondisclosure of criminal
history record information under this section [subsection].
(c) Except as provided by Section 411.074 [Subsection (e)],
a person may petition the court for an order of nondisclosure under
this section regardless of whether the person has been previously
convicted of or placed on deferred adjudication community
supervision for another offense.
(d) 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
community supervision.
(e) [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
community supervision for an order of nondisclosure of criminal
history record information under this section 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, 43, 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.
SECTION 5. Subchapter E-1, Chapter 411, Government Code, as
added by this Act, is amended by adding Sections 411.073 and
411.0735 to read as follows:
Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION
FOLLOWING CONVICTION; CERTAIN MISDEMEANORS. (a) This section
applies only to a person placed on community supervision under
Article 42.12, Code of Criminal Procedure:
(1) following a conviction of a misdemeanor other than
a misdemeanor under Section 106.041, Alcoholic Beverage Code,
Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71,
Penal Code; and
(2) under a provision of Article 42.12, Code of
Criminal Procedure, other than Section 5, including:
(A) a provision that requires the person to serve
a term of confinement as a condition of community supervision; or
(B) another provision that authorizes placing a
person on community supervision after the person has served part of
a term of confinement imposed for the offense.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) whose
community supervision is not revoked and who completes the period
of community supervision may petition the court that placed the
person on community supervision for an order of nondisclosure of
criminal history record information under this section if the
person:
(1) satisfies the requirements of this section and
Section 411.074; and
(2) has never been previously convicted of or placed
on deferred adjudication community supervision for another offense
other than an offense under the Transportation Code that is
punishable by fine only.
(c) 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 community supervision.
(d) A person may petition the court that placed the person
on community supervision for an order of nondisclosure of criminal
history record information under this section only on or after:
(1) the completion of the community supervision, if
the offense for which the person was placed on community
supervision was a misdemeanor other than a misdemeanor described by
Subdivision (2); or
(2) the second anniversary of the date of completion
of the community supervision, if the offense for which the person
was placed on community supervision was a misdemeanor under Chapter
20, 21, 22, 25, 42, 43, or 46, Penal Code.
Sec. 411.0735. PROCEDURE FOR CONVICTION AND CONFINEMENT;
CERTAIN MISDEMEANORS. (a) This section applies only to a person
who:
(1) is convicted of a misdemeanor other than a
misdemeanor under Section 106.041, Alcoholic Beverage Code,
Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71,
Penal Code;
(2) is sentenced to and serves a period of
confinement; and
(3) is not eligible for an order of nondisclosure of
criminal history record information under Section 411.073.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who completes
the period of confinement and is released may petition the court
that imposed the sentence for an order of nondisclosure of criminal
history record information under this section if the person:
(1) satisfies the requirements of this section and
Section 411.074; and
(2) has never been previously convicted of or placed
on deferred adjudication community supervision for another offense
other than an offense under the Transportation Code punishable by
fine only.
(c) 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 confinement.
(d) A person may petition the court that imposed the
sentence for an order of nondisclosure of criminal history record
information under this section only on or after the second
anniversary of the date of completion of the period of confinement.
SECTION 6. Section 411.081(e), Government Code, is
transferred to Subchapter E-1, Chapter 411, Government Code, as
added by this Act, redesignated as Section 411.074, Government
Code, and amended to read as follows:
Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF
NONDISCLOSURE. (a) [(e)] A person may be granted an order of
nondisclosure of criminal history record information under this
subchapter and, when applicable, is entitled to petition the court
to receive an order under this subchapter [Subsection (d)] only if,
during the period after the court pronounced the sentence or placed
the person on [of the] deferred adjudication community supervision
for the offense for which the order of nondisclosure is requested,
and during any [the] applicable waiting period after completion of
the sentence or deferred adjudication community supervision
required [described] by this subchapter [Subsection (d)(1), (2), or
(3), as appropriate], the person is not convicted of or placed on
deferred adjudication community supervision under Section 5,
Article 42.12, Code of Criminal Procedure, for any offense other
than an offense under the Transportation Code punishable by fine
only.
(b) A person may not be granted an order of nondisclosure of
criminal history record information under this subchapter and is
not entitled to petition the court for an order under this
subchapter [Subsection (d)] if:
(1) the person was convicted or placed on [the]
deferred adjudication community supervision for or has been
previously convicted or placed on any other deferred adjudication
community supervision for:
(A) [(1)] an offense requiring registration as a
sex offender under Chapter 62, Code of Criminal Procedure;
(B) [(2)] an offense under Section 20.04, Penal
Code, regardless of whether the offense is a reportable conviction
or adjudication for purposes of Chapter 62, Code of Criminal
Procedure;
(C) [(3)] an offense under Section 19.02, 19.03,
20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
Code; or
(D) [(4)] any other offense involving family
violence, as defined by Section 71.004, Family Code; or
(2) the court makes an affirmative finding that the
offense for which the order of nondisclosure of criminal history
record information is requested involved family violence, as
defined by Section 71.004, Family Code.
SECTION 7. Section 411.081(f-1), Government Code, is
transferred to Subchapter E-1, Chapter 411, Government Code, as
added by this Act, redesignated as Section 411.0745, Government
Code, and amended to read as follows:
Sec. 411.0745. PETITION AND ORDER. (a) [(f-1)] A person
who petitions the court for an order of nondisclosure of criminal
history record information under this subchapter, when a petition
is required, [Subsection (d)] may file the petition in person,
electronically, or by mail.
(b) The petition must be accompanied by 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.
(c) The Office of Court Administration of the Texas Judicial
System shall prescribe a form for the filing of a petition
electronically or by mail. The form must provide for the petition
to be accompanied by the required fees and any other supporting
material determined necessary by the office of court
administration, including evidence that the person is entitled to
file the petition.
(d) The office of court administration shall make available
on its Internet website the electronic application and printable
application form. Each county or district clerk's office that
maintains an Internet website shall include on that website a link
to the electronic application and printable application form
available on the office of court administration's Internet website.
(e) On receipt of a petition under this section
[subsection], the court shall provide notice to the state and an
opportunity for 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 hold a hearing before determining whether
to issue an order of nondisclosure of criminal history record
information, except that a hearing is not required if:
(1) the state does not request a hearing on the issue
before the 45th day after the date on which the state receives
notice under this subsection; and
(2) the court determines that:
(A) the person [defendant] is entitled to file
the petition; and
(B) the order is in the best interest of justice.
SECTION 8. Sections 411.081(g), (g-1), (g-1a), (g-1b), and
(g-1c), Government Code, are transferred to Subchapter E-1, Chapter
411, Government Code, as added by this Act, redesignated as Section
411.075, Government Code, and amended to read as follows:
Sec. 411.075. PROCEDURE AFTER ORDER. (a) [(g)] Not later
than the 15th business day after the date an order of nondisclosure
of criminal history record information is issued under this
subchapter [section], the clerk of the court shall send all
relevant criminal history record information contained in the order
or a copy of the order by certified mail, return receipt requested,
or secure electronic mail, electronic transmission, or facsimile
transmission to the Crime Records Service of the department
[Department of Public Safety].
(b) [(g-1)] Not later than 10 business days after receipt of
relevant criminal history record information contained in an order
or a copy of an order under Subsection (a) [(g)], the department
[Department of Public Safety] shall seal any criminal history
record information maintained by the department that is the subject
of the order. The department shall also send all relevant criminal
history record information contained in the order or a copy of the
order by certified mail, return receipt requested, or secure
electronic mail, electronic transmission, or facsimile
transmission to all:
(1) law enforcement agencies, jails or other detention
facilities, magistrates, courts, prosecuting attorneys,
correctional facilities, central state depositories of criminal
records, and other officials or agencies or other entities of this
state or of any political subdivision of this state;
(2) central federal depositories of criminal records
that there is reason to believe have criminal history record
information that is the subject of the order; and
(3) private entities that purchase criminal history
record information from the department or that otherwise are likely
to have criminal history record information that is subject to the
order.
(c) [(g-1a)] The director shall adopt rules regarding
minimum standards for the security of secure electronic mail,
electronic transmissions, and facsimile transmissions under
Subsections (a) [(g)] and (b) [(g-1)]. In adopting rules under this
subsection, the director shall consult with the Office of Court
Administration of the Texas Judicial System.
(d) [(g-1b)] Not later than 30 business days after receipt
of relevant criminal history record information contained in an
order or a copy of an order from the department [Department of
Public Safety] under Subsection (b) [(g-1)], an individual or
entity described by Subsection (b)(1) [(g-1)(1)] shall seal any
criminal history record information maintained by the individual or
entity that is the subject of the order.
(e) [(g-1c)] The department may charge to a private entity
that purchases criminal history record information from the
department a fee in an amount sufficient to recover costs incurred
by the department in providing relevant criminal history record
information contained in an order or a copy of an order under
Subsection (b)(3) [(g-1)(3)] to the entity.
SECTION 9. Section 411.081(g-2), Government Code, is
transferred to Subchapter E-1, Chapter 411, Government Code, as
added by this Act, redesignated as Section 411.0755, Government
Code, and amended to read as follows:
Sec. 411.0755. STATEMENT IN APPLICATION FOR EMPLOYMENT,
INFORMATION, OR LICENSING. [(g-2)] A person whose criminal
history record information is the subject of an order of
nondisclosure of criminal history record information issued [has
been sealed] under this subchapter [section] is not required in any
application for employment, information, or licensing to state that
the person has been the subject of any criminal proceeding related
to the information that is the subject of the [an] order [issued
under this section].
SECTION 10. Section 411.081(g-3), Government Code, is
transferred to Subchapter E-1, Chapter 411, Government Code, as
added by this Act, redesignated as Section 411.076, Government
Code, and amended to read as follows:
Sec. 411.076. DISCLOSURE BY COURT. (a) [(g-3)] A court
may not disclose to the public any information contained in the
court records that is the subject of an order of nondisclosure of
criminal history record information issued under this subchapter
[section]. The court may disclose information contained in the
court records that is the subject of an order of nondisclosure of
criminal history record information only to:
(1) criminal justice agencies for criminal justice or
regulatory licensing purposes;
(2) [, to] an agency or entity listed in Section
411.0765; [Subsection (i),] or
(3) [to] the person who is the subject of the order.
(b) The clerk of the court issuing an order of nondisclosure
of criminal history record information under this subchapter
[section] shall seal any court records containing information that
is the subject of the order as soon as practicable after the date
the clerk of the court sends all relevant criminal history record
information contained in the order or a copy of the order to the
department [Department of Public Safety] under Section 411.075(a)
[Subsection (g)].
SECTION 11. Section 411.081(i), Government Code, as amended
by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B. 869), Acts
of the 83rd Legislature, Regular Session, 2013, is reenacted,
transferred to Subchapter E-1, Chapter 411, Government Code, as
added by this Act, redesignated as Section 411.0765, Government
Code, and amended to read as follows:
Sec. 411.0765. DISCLOSURE BY CRIMINAL JUSTICE AGENCY.
(a) A criminal justice agency may disclose criminal history record
information that is the subject of an order of nondisclosure of
criminal history record information under this subchapter only to
other criminal justice agencies, for criminal justice or regulatory
licensing purposes, an agency or entity listed in Subsection (b),
or the person who is the subject of the order.
(b) [(i)] A criminal justice agency may disclose criminal
history record information that is the subject of an order of
nondisclosure of criminal history record information under this
subchapter [Subsection (d)] to the following noncriminal justice
agencies or entities only:
(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 Juvenile Justice Department;
(11) the Department of Assistive and Rehabilitative
Services;
(12) the Department of State Health Services, a local
mental health service, a local intellectual and developmental
disability [mental retardation] authority, or a community center
providing services to persons with mental illness or intellectual
or developmental disabilities [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, or a facility as defined by Section 250.001, Health and
Safety Code;
(18) the securities commissioner, the banking
commissioner, the savings and mortgage lending commissioner, the
consumer credit commissioner, or the credit union commissioner;
(19) the Texas State Board of Public Accountancy;
(20) the Texas Department of Licensing and Regulation;
(21) the Health and Human Services Commission;
(22) the Department of Aging and Disability Services;
(23) the Texas Education Agency;
(24) the Judicial Branch Certification Commission;
(25) a county clerk's office in relation to a
proceeding for the appointment of a guardian under Title 3, Estates
[Chapter XIII, Texas Probate] Code;
(26) 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;
(27) the Texas Department of Insurance;
(28) the Teacher Retirement System of Texas; [and]
(29) [(30)] the Texas State Board of Pharmacy;
(30) a bank, savings bank, savings and loan
association, credit union, or mortgage banker, a subsidiary or
affiliate of those entities, or another financial institution
regulated by a state regulatory entity listed in Subdivision (18)
or by a corresponding federal regulatory entity, but only regarding
an employee, contractor, subcontractor, intern, or volunteer of or
an applicant for employment by that bank, savings bank, savings and
loan association, credit union, mortgage banker, subsidiary or
affiliate, or financial institution; and
(31) an employer that has a facility that handles or
has the capability of handling, transporting, storing, processing,
manufacturing, or controlling hazardous, explosive, combustible,
or flammable materials, if:
(A) the facility is critical infrastructure, as
defined by 42 U.S.C. Section 5195c(e), or the employer is required
to submit to a risk management plan under Section 112(r) of the
federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and
(B) the information concerns an employee,
applicant for employment, contractor, or subcontractor whose
duties involve or will involve the handling, transporting, storing,
processing, manufacturing, or controlling hazardous, explosive,
combustible, or flammable materials and whose background is
required to be screened under a federal provision described by
Paragraph (A).
SECTION 12. Section 411.081(h), Government Code, is
transferred to Subchapter E-1, Chapter 411, Government Code, as
added by this Act, redesignated as Section 411.077, Government
Code, and amended to read as follows:
Sec. 411.077. DISPOSITION OF FEE; DEPARTMENT OF PUBLIC
SAFETY REPORT. (a) [(h)] The clerk of a court that collects a fee
in connection with a petition or order for nondisclosure of
criminal history record information under this subchapter
[Subsection (d)] shall remit the fee to the comptroller not later
than the last day of the month following the end of the calendar
quarter in which the fee is collected, and the comptroller shall
deposit the fee in the general revenue fund.
(b) The department [Department of Public Safety] shall
submit a report to the legislature not later than December 1 of each
even-numbered year that includes information on:
(1) the number of petitions for nondisclosure of
criminal history record information and orders of nondisclosure of
criminal history record information received by the department in
each of the previous two years;
(2) the actions taken by the department with respect
to the petitions and orders received;
(3) the costs incurred by the department in taking
those actions; and
(4) the number of persons who are the subject of an
order of nondisclosure of criminal history record information and
who became the subject of criminal charges for an offense committed
after the order was issued.
SECTION 13. Subchapter E-1, Chapter 411, Government Code,
as added by this Act, is amended by adding Section 411.0775 to read
as follows:
Sec. 411.0775. ADMISSIBILITY AND USE OF CERTAIN CRIMINAL
HISTORY RECORD INFORMATION IN SUBSEQUENT CRIMINAL PROCEEDING.
Notwithstanding any other law, criminal history record information
that is related to a conviction and is the subject of an order of
nondisclosure of criminal history record information under this
subchapter may be:
(1) admitted into evidence during the trial of any
subsequent offense if the information is admissible under the Texas
Rules of Evidence or another law; or
(2) disclosed to a prosecuting attorney for a criminal
justice purpose.
SECTION 14. Section 109.005(a), Business & Commerce Code,
is amended to read as follows:
(a) A business entity may not publish any criminal record
information in the business entity's possession with respect to
which the business entity has knowledge or has received notice
that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
411 [Section 411.081(d)], Government Code.
SECTION 15. Article 42.03, Code of Criminal Procedure, is
amended by adding Section 5 to read as follows:
Sec. 5. Except as otherwise provided by Section 5(a-1),
Article 42.12, the court after pronouncing the sentence shall
inform the defendant of the defendant's right to petition the court
for an order of nondisclosure of criminal history record
information under Subchapter E-1, Chapter 411, Government Code,
unless the defendant is ineligible to pursue that right because of
the requirements that apply to obtaining the order in the
defendant's circumstances, such as:
(1) the nature of the offense for which the defendant
is convicted; or
(2) the defendant's criminal history.
SECTION 16. Section 5, Article 42.12, Code of Criminal
Procedure, is amended by amending Subsections (a-1) and (c-1) and
adding Subsection (k) to read as follows:
(a-1) Before placing a defendant on deferred adjudication
community supervision under this section, the court shall inform
the defendant of the defendant's right to receive or petition the
court for an order of nondisclosure of criminal history record
information under Subchapter E-1, Chapter 411 [Section 411.081],
Government Code, as applicable, unless the defendant is ineligible
for an order [to pursue that right] because of:
(1) the nature of the offense for which the defendant
is placed on deferred adjudication community supervision; or
(2) the defendant's criminal history.
(c-1) A judge who dismisses the proceedings against a
defendant and discharges the defendant under Subsection (c):
(1) shall[:
[(1)] provide the defendant with a copy of the order of
dismissal and discharge; and
(2) if the judge determines that the defendant is or
may become eligible for an order of nondisclosure of criminal
history record information under Subchapter E-1, Chapter 411,
Government Code, shall, as applicable:
(A) grant an order of nondisclosure of criminal
history record information to the defendant;
(B) inform the defendant of the defendant's
eligibility to receive an order of nondisclosure of criminal
history record information without a petition and the earliest date
on which the defendant is eligible to receive the order; or
(C) [,] inform the defendant of the defendant's
eligibility to petition the court for an order of nondisclosure of
criminal history record information [under Section 411.081,
Government Code,] and the earliest date the defendant is eligible
to file the petition for the order [of nondisclosure].
(k) If a judge places on deferred adjudication community
supervision a defendant charged with a misdemeanor other than a
misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal
Code, the judge shall make an affirmative finding of fact and file a
statement of that affirmative finding with the papers in the case if
the judge determines that it is not in the best interest of justice
that the defendant receive an automatic order of nondisclosure
under Section 411.072, Government Code.
SECTION 17. Section 54.656(a), Government Code, is amended
to read as follows:
(a) A judge may refer to a magistrate any criminal case for
proceedings involving:
(1) a negotiated plea of guilty before the court;
(2) a bond forfeiture;
(3) a pretrial motion;
(4) a postconviction writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) an agreed order of expunction under Chapter 55,
Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter
59, Code of Criminal Procedure;
(9) an agreed order of nondisclosure of criminal
history record information or an order of nondisclosure of criminal
history record information that does not require a petition
provided by Subchapter E-1, Chapter 411 [Section 411.081];
(10) a hearing on a motion to revoke probation; and
(11) any other matter the judge considers necessary
and proper.
SECTION 18. Section 103.0211, Government Code, is amended
to read as follows:
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
to a civil suit, as applicable, shall pay the following fees and
costs under the Government Code if ordered by the court or otherwise
required:
(1) a court reporter fee when testimony is taken:
(A) in a criminal court in Dallas County (Sec.
25.0593, Government Code) . . . $3;
(B) in a county criminal court of appeals in
Dallas County (Sec. 25.0594, Government Code) . . . $3;
(C) in a county court at law in McLennan County
(Sec. 25.1572, Government Code) . . . $3; and
(D) in a county criminal court in Tarrant County
(Sec. 25.2223, Government Code) . . . $3;
(2) a court reporter service fee if the courts have
official court reporters (Sec. 51.601, Government Code) . . . $15
or, in specified counties, $30;
(3) a speedy trial rights waiver motion filing fee in
El Paso County (Sec. 54.745, Government Code) . . . $100;
(4) the costs of a criminal magistrate if the court
determines that the nonprevailing party is able to defray the
costs:
(A) in Bexar County (Sec. 54.913, Government
Code) . . . magistrate's fees;
(B) in Dallas County (Sec. 54.313, Government
Code) . . . magistrate's fees;
(C) in Lubbock County (Sec. 54.883, Government
Code) . . . magistrate's fees;
(D) in Tarrant County (Sec. 54.663, Government
Code) . . . magistrate's fees; and
(E) in Travis County (Sec. 54.983, Government
Code) . . . magistrate's fees;
(5) an administrative fee for participation in certain
community supervision programs (Sec. 76.015, Government Code)
. . . not less than $25 and not more than $60 per month; and
(6) fee paid on filing a petition for an order of
nondisclosure of criminal history record information in certain
cases (Subchapter E-1, Chapter 411 [Sec. 411.081], Government Code)
. . . $28.
SECTION 19. Section 123.001(b), Government Code, is amended
to read as follows:
(b) If a defendant successfully completes a drug court
program, regardless of whether the defendant was convicted of the
offense for which the defendant entered the program or whether the
court deferred further proceedings without entering an
adjudication of guilt, after notice to the state and a hearing on
whether the defendant is otherwise entitled to the petition and
whether issuance of the order is in the best interest of justice,
the court shall enter an order of nondisclosure of criminal history
record information under Subchapter E-1, Chapter 411, [Section
411.081] as if the defendant had received a discharge and dismissal
under Section 5(c), Article 42.12, Code of Criminal Procedure, with
respect to all records and files related to the defendant's arrest
for the offense for which the defendant entered the program if the
defendant:
(1) has not been previously convicted of an offense
listed in Section 3g, Article 42.12, Code of Criminal Procedure, or
a sexually violent offense, as defined by Article 62.001, Code of
Criminal Procedure; and
(2) is not convicted for any felony offense between
the date on which the defendant successfully completed the program
and the second anniversary of that date.
SECTION 20. Section 411.081(a), Government Code, is amended
to read as follows:
(a) This subchapter does not apply to criminal history
record information that is contained in:
(1) posters, announcements, or lists for identifying
or apprehending fugitives or wanted persons;
(2) original records of entry, including police
blotters maintained by a criminal justice agency that are compiled
chronologically and required by law or long-standing practice to be
available to the public;
(3) public judicial, administrative, or legislative
proceedings;
(4) court records of public judicial proceedings[,
except as provided by Subsection (g-3)];
(5) published judicial or administrative opinions; or
(6) announcements of executive clemency.
SECTION 21. Section 411.083(a), Government Code, is amended
to read as follows:
(a) Criminal history record information maintained by the
department is confidential information for the use of the
department and, except as provided by this subchapter or Subchapter
E-1, may not be disseminated by the department.
SECTION 22. Section 411.0835, Government Code, is amended
to read as follows:
Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
CERTAIN PRIVATE ENTITIES. If the department receives information
indicating that a private entity that purchases criminal history
record information from the department has been found by a court to
have committed three or more violations of Section 552.1425 by
compiling or disseminating information with respect to which an
order of expunction has been issued under Article 55.02, Code of
Criminal Procedure, or an order of nondisclosure of criminal
history record information has been issued under Subchapter E-1,
the department may not release any criminal history record
information to that entity until the first anniversary of the date
of the most recent violation.
SECTION 23. Section 411.0851(a), Government Code, is
amended to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information shall destroy and
may not disseminate any information in the possession of the entity
with respect to which the entity has received notice that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1 [Section
411.081(d)].
SECTION 24. Sections 411.087(a) and (b), Government Code,
are amended to read as follows:
(a) Unless otherwise authorized by Subsection (e), a
person, agency, department, political subdivision, or other entity
that is authorized by this subchapter or Subchapter E-1 to obtain
from the department criminal history record information maintained
by the department that relates to another person is authorized to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to that person; or
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to that person.
(b) Any restriction or limitation in this subchapter or
Subchapter E-1 on criminal history record information that a
person, agency, department, political subdivision, or other entity
is entitled to obtain from the department applies equally to the
criminal history record information that the person, agency,
department, political subdivision, or other entity is entitled to
obtain from the identification division of the Federal Bureau of
Investigation or other criminal justice agency.
SECTION 25. Section 411.122(c), Government Code, is amended
to read as follows:
(c) This section does not apply to an agency that is:
(1) specifically authorized by this subchapter or
Subchapter E-1 to obtain criminal history record information from
the department; or
(2) covered by Section 53.002, Occupations Code, to
the extent provided by that section.
SECTION 26. The heading to Section 552.142, Government
Code, is amended to read as follows:
Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS
SUBJECT TO ORDER OF NONDISCLOSURE [OF CERTAIN DEFERRED
ADJUDICATIONS].
SECTION 27. Section 552.142(a), Government Code, is amended
to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if an order of nondisclosure of criminal history
record information with respect to the information has been issued
under Subchapter E-1, Chapter 411 [Section 411.081(d)].
SECTION 28. Section 552.1425(a), Government Code, is
amended to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information with respect to which the entity has
received notice that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
411 [Section 411.081(d)].
SECTION 29. Section 169.001(b), Health and Safety Code, is
amended to read as follows:
(b) If a defendant successfully completes a first offender
prostitution prevention program, regardless of whether the
defendant was convicted of the offense for which the defendant
entered the program or whether the court deferred further
proceedings without entering an adjudication of guilt, after notice
to the state and a hearing on whether the defendant is otherwise
entitled to the petition, including whether the required time
period has elapsed, and whether issuance of the order is in the best
interest of justice, the court shall enter an order of
nondisclosure of criminal history record information under
Subchapter E-1, Chapter 411 [Section 411.081], Government Code, as
if the defendant had received a discharge and dismissal under
Section 5(c), Article 42.12, Code of Criminal Procedure, with
respect to all records and files related to the defendant's arrest
for the offense for which the defendant entered the program if the
defendant:
(1) has not been previously convicted of a felony
offense; and
(2) is not convicted of any other felony offense
before the second anniversary of the defendant's successful
completion of the program.
SECTION 30. Section 169A.001(b), Health and Safety Code, is
amended to read as follows:
(b) If a defendant successfully completes a prostitution
prevention program, regardless of whether the defendant was
convicted of the offense for which the defendant entered the
program or whether the court deferred further proceedings without
entering an adjudication of guilt, after notice to the state and a
hearing on whether the defendant is otherwise entitled to the
petition, including whether the required time has elapsed, and
whether issuance of the order is in the best interest of justice,
the court shall enter an order of nondisclosure of criminal history
record information under Subchapter E-1, Chapter 411 [Section
411.081], Government Code, as if the defendant had received a
discharge and dismissal under Section 5(c), Article 42.12, Code of
Criminal Procedure, with respect to all records and files related
to the defendant's arrest for the offense for which the defendant
entered the program.
SECTION 31. Section 53.021(e), Occupations Code, is amended
to read as follows:
(e) Subsection (c) does not apply if the person is an
applicant for or the holder of a license that authorizes the person
to provide:
(1) law enforcement or public health, education, or
safety services; or
(2) financial services in an industry regulated by a
person listed in Section 411.0765(b)(18) [411.081(i)(19)],
Government Code.
SECTION 32. The changes in law made by this Act apply only
to the issuance of an order of nondisclosure of criminal history
record information for an offense committed on or after the
effective date of this Act. The issuance of an order of
nondisclosure of criminal history record information for an offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense is committed before the effective date of this
Act if any element of the offense occurs before the effective date.
SECTION 33. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 34. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1902 passed the Senate on
May 5, 2015, by the following vote: Yeas 25, Nays 6; and that the
Senate concurred in House amendments on May 26, 2015, by the
following vote: Yeas 26, Nays 5.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1902 passed the House, with
amendments, on May 21, 2015, by the following vote: Yeas 138,
Nays 4, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor