Bill Text: TX HB688 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to restrictions on the disclosure of certain criminal history records and to the duty of law enforcement agencies regarding records associated with certain defendants; creating an offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-08 - Left pending in committee [HB688 Detail]

Download: Texas-2011-HB688-Introduced.html

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82R2959 PEP-D
By: Dutton H.B. No. 688

A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the disclosure of certain criminal
history records and to the duty of law enforcement agencies
regarding records associated with certain defendants; creating an
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.081(d) and (e), Government Code,
are amended to read as follows:
(d) Notwithstanding any other provision of this subchapter,
if a person is placed on community supervision, including deferred
adjudication community supervision, under [Section 5,] Article
42.12, Code of Criminal Procedure, successfully completes the
period of community supervision or [subsequently] receives a
discharge and dismissal under Section 5(c), Article 42.12, Code of
Criminal Procedure, as applicable, and satisfies the requirements
of Subsection (e), the person may petition the court that placed the
person [defendant] on community supervision [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 community supervision
[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 date on which the period of community
supervision expires or, for a person who was placed on deferred
adjudication community supervision, the date on which the
proceedings are dismissed and the person is discharged under
Section 5(c), Article 42.12, Code of Criminal Procedure [the
discharge and dismissal], if the offense for which the person was
placed on community supervision [deferred adjudication] was a
misdemeanor other than a misdemeanor described by Subdivision (2);
(2) the second anniversary of the date described by
Subdivision (1) [discharge and dismissal], if the offense for which
the person was placed on community supervision [deferred
adjudication] was a misdemeanor under Chapter 20, 21, 22, 25, 42, or
46, Penal Code; or
(3) the fifth anniversary of the date described by
Subdivision (1) [discharge and dismissal], if the offense for which
the person was placed on community supervision [deferred
adjudication] was a felony.
(e) A person is entitled to petition the court under
Subsection (d) only if during the period of the [deferred
adjudication] community supervision for which the order of
nondisclosure is requested and during the applicable period
described by Subsection (d)(1), (2), or (3), as appropriate, the
person is not convicted of or placed on [deferred adjudication]
community supervision under [Section 5,] Article 42.12, Code of
Criminal Procedure, for any offense other than an offense under the
Transportation Code punishable by fine only. A person is not
entitled to petition the court under Subsection (d) if the person
was placed on the [deferred adjudication] community supervision for
or has been previously convicted of or placed on any other community
supervision, including deferred adjudication community
supervision, for:
(1) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure;
(2) an offense under Section 20.04, Penal Code,
regardless of whether the offense is a reportable conviction or
adjudication for purposes of Chapter 62, Code of Criminal
Procedure;
(3) an offense under Section 19.02, 19.03, 22.04,
22.041, 25.07, or 42.072, Penal Code; or
(4) any other offense involving family violence, as
defined by Section 71.004, Family Code.
SECTION 2. The heading to Section 552.142, Government Code,
is amended to read as follows:
Sec. 552.142. EXCEPTION: [RECORDS OF] CERTAIN CRIMINAL
HISTORY RECORDS [DEFERRED ADJUDICATIONS AND CERTAIN MISDEMEANORS
PUNISHABLE BY FINE ONLY].
SECTION 3. Chapter 39, Penal Code, is amended by adding
Section 39.07 to read as follows:
Sec. 39.07. PROHIBITED COMPILATION OR DISSEMINATION OF
CRIMINAL HISTORY RECORD INFORMATION. (a) A person commits an
offense if, with intent to obtain a benefit or with intent to harm
or defraud another, the person compiles or disseminates criminal
history record information that the person knows is the subject of
an order of nondisclosure issued under Section 411.081, Government
Code.
(b) An offense under this section is a Class A misdemeanor.
(c) It is a defense to prosecution under this section that
the person compiled or disseminated the information for a purpose
described by Section 411.083(a) or (b)(1), (2), or (3), Government
Code, or another purpose specifically authorized by law.
SECTION 4. The change in law made by this Act to Section
411.081(d), Government Code, applies to criminal history record
information related to the placement of a person on community
supervision regardless of whether the community supervision was
ordered before, on, or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2011.