Bill Text: TX SB417 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the disclosure by a court of criminal history record information that is the subject of an order of nondisclosure.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-02-02 - Referred to Criminal Justice [SB417 Detail]
Download: Texas-2011-SB417-Introduced.html
| 82R5949 JSC-D | ||
| By: West | S.B. No. 417 | |
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| relating to the disclosure by a court of criminal history record | ||
| information that is the subject of 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 Subsection (a) and adding Subsection (g-3) 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. | ||
| (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 issued under this section. The court may disclose | ||
| information contained in the court records that is the subject of an | ||
| order of nondisclosure only to criminal justice agencies for | ||
| criminal justice or regulatory licensing purposes, to an agency or | ||
| entity listed in Subsection (i) or (j), or to the person who is the | ||
| subject of the order. The clerk of the court issuing an order of | ||
| nondisclosure under this 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 of Public Safety under | ||
| Subsection (g). | ||
| SECTION 2. The change in law made by this Act applies to the | ||
| disclosure on or after the effective date of this Act of information | ||
| that is the subject of an order of nondisclosure issued under | ||
| Section 411.081, Government Code, regardless of whether the order | ||
| is issued before, on, or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
