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.
Spectrum: Partisan Bill (Democrat 1-0)
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 |
|
||
|
||
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. |