Bill Text: TX SB416 | 2015-2016 | 84th Legislature | Comm Sub

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Bill Title: Relating to criminal history record information that is subject to an order of nondisclosure and prohibiting a person's waiver of a right to an expunction or to an order of nondisclosure with respect to a criminal offense.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-05-18 - Not again placed on intent calendar [SB416 Detail]

Download: Texas-2015-SB416-Comm_Sub.html

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By: West S.B. No. 416
(In the Senate - Filed January 29, 2015; February 4, 2015,
read first time and referred to Committee on Criminal Justice;
May 11, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 1; May 11, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 416 By: Whitmire

A BILL TO BE ENTITLED
AN ACT
relating to criminal history record information that is subject to
an order of nondisclosure and prohibiting a person's waiver of a
right to an expunction or to an order of nondisclosure with respect
to a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) Notwithstanding Article 1.14(a), a person may not
waive, as part of an agreement regarding the disposition of
criminal charges based on the person's commission of an alleged
offense, any right of the person to an expunction under this chapter
that may exist in relation to the charged offense on or after the
date the waiver is signed, unless the waiver is requested as a
condition of the person's participation in a pretrial diversion
program that could result in a dismissal of the charged offense. A
waiver of a right to an expunction made in violation of this
subsection is void.
SECTION 2. Section 411.081, Government Code, is amended by
amending Subsection (d) and adding Subsection (j) 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 all criminal history record
information related to the offense giving rise to the deferred
adjudication, including information related to any other offense
arising out of the same transaction as the offense for which the
person was placed on deferred adjudication community supervision,
if the other offense has not resulted in a final conviction and is
no longer pending and if there was no court-ordered community
supervision under Article 42.12, Code of Criminal Procedure, for
the other 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 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 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.
(j) Notwithstanding Article 1.14(a), Code of Criminal
Procedure, a person may not waive, as part of an agreement regarding
the disposition of criminal charges based on the person's
commission of an alleged offense, any right of the person to an
order of nondisclosure under this section that may exist in
relation to that offense on or after the date the waiver is signed.
A purported waiver of that right is void.
SECTION 3. (a) The changes in law made by this Act in
adding Article 55.01(e), Code of Criminal Procedure, and Section
411.081(j), Government Code, apply only to a waiver of a person's
right to an expunction or an order of nondisclosure made on or after
the effective date of this Act. A waiver made before the effective
date of this Act is governed by the law in effect on the date the
waiver was made, and the former law is continued in effect for that
purpose.
(b) The change in law made by this Act in amending Section
411.081(d), Government Code, applies to a person who petitions the
court for an order of nondisclosure on or after September 1, 2015,
regardless of whether the person is placed on deferred adjudication
community supervision before, on, or after that date.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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