By: West	S.B. No. 977

	A BILL TO BE ENTITLED
	AN ACT
	relating to the procedure used to petition for an order of
	nondisclosure of criminal history record information.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 411.081, Government Code, is amended by
	amending Subsection (d) and adding Subsection (f-1) 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 [under
	this subsection] 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
	[and] a hearing, and a determination that [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 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.  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 [on 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.   The payment
	may be made] 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.
	(f-1)  A person who petitions the court for an order of
	nondisclosure under Subsection (d) may file the petition in person,
	electronically, or by mail. 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.
	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. 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.
	On receipt of a petition under this 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, 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 defendant is entitled to file the
	petition; and
	(B)  the order is in the best interest of justice.
	SECTION 2.  The change in law made by this Act applies to a
	person who petitions the court for an order of nondisclosure on or
	after the effective date of this Act, regardless of whether the
	person is placed on deferred adjudication community supervision
	before, on, or after that date.
	SECTION 3.  This Act takes effect September 1, 2013.