Bill Text: TX HB1359 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the date on which certain criminal defendants are eligible to file a petition for an order of nondisclosure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-09 - Placed on General State Calendar [HB1359 Detail]
Download: Texas-2013-HB1359-Introduced.html
83R7789 JRR-F | ||
By: Alonzo | H.B. No. 1359 |
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relating to the date on which certain criminal defendants are | ||
eligible to file a petition for an order of nondisclosure. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.081(d), Government Code, is amended | ||
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 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 and 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 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 first [ |
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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 third [ |
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dismissal, if the offense for which the person was placed on | ||
deferred adjudication was a felony. | ||
SECTION 2. The change in law made by this Act in amending | ||
Section 411.081, Government Code, 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. |