1-1 AN ACT 1-2 relating to the duty of law enforcement agencies regarding records 1-3 associated with certain defendants receiving deferred adjudication. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 411.081, Government Code, is amended by 1-6 adding Subsections (d), (e), and (f) to read as follows: 1-7 (d) Notwithstanding any other provision of this subchapter, 1-8 if a person is placed on deferred adjudication community 1-9 supervision under Section 5, Article 42.12, Code of Criminal 1-10 Procedure, subsequently receives a discharge and dismissal under 1-11 Section 5(c), Article 42.12, and satisfies the requirements of 1-12 Subsection (e), a criminal justice agency may not disclose to the 1-13 public criminal history record information related to the offense 1-14 giving rise to the deferred adjudication on or after: 1-15 (1) the discharge and dismissal, if the offense for 1-16 which the person was placed on deferred adjudication was a 1-17 misdemeanor other than a misdemeanor described by Subdivision (2); 1-18 (2) the fifth anniversary of the discharge and 1-19 dismissal, if the offense for which the person was placed on 1-20 deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 1-21 25, 42, or 46, Penal Code; or 1-22 (3) the 10th anniversary of the discharge and 1-23 dismissal, if the offense for which the person was placed on 1-24 deferred adjudication was a felony. 2-1 (e) A person is entitled to the benefit provided under 2-2 Subsection (d) only if during the applicable period described by 2-3 Subsection (d)(1), (2), or (3), as appropriate, the person is not 2-4 convicted of or placed on deferred adjudication community 2-5 supervision under Section 5, Article 42.12, Code of Criminal 2-6 Procedure, for any offense other than an offense under the 2-7 Transportation Code punishable by fine only. A person is not 2-8 entitled to the benefit provided under Subsection (d) during any 2-9 period in which the person is required to register as a sex 2-10 offender under Chapter 62, Code of Criminal Procedure. 2-11 (f) For purposes of Subsection (d), a person is considered 2-12 to have been placed on deferred adjudication community supervision 2-13 if, regardless of the statutory authorization: 2-14 (1) the person entered a plea of guilty or nolo 2-15 contendere; 2-16 (2) the person was placed under the supervision of the 2-17 court or an officer under the supervision of the court; and 2-18 (3) at the end of the period of supervision the judge 2-19 dismissed the proceedings and discharged the person. 2-20 SECTION 2. Subchapter C, Chapter 552, Government Code, is 2-21 amended by adding Section 552.139 to read as follows: 2-22 Sec. 552.139. EXCEPTION: RECORDS OF CERTAIN DEFERRED 2-23 ADJUDICATIONS. (a) Subject to the dates provided by Subsection 2-24 (b) and the requirements of Subsection (c), information is excepted 2-25 from the requirements of Section 552.021 if the information relates 2-26 to an arrest and the prosecution of an offense for which a person 2-27 is placed on deferred adjudication community supervision under 3-1 Section 5, Article 42.12, Code of Criminal Procedure, and 3-2 subsequently receives a discharge and dismissal under Section 5(c), 3-3 Article 42.12. 3-4 (b) The exception provided by Subsection (a) for information 3-5 related to an arrest and the prosecution of an offense for which a 3-6 person is placed on deferred adjudication is available only on or 3-7 after: 3-8 (1) the discharge and dismissal, if the offense for 3-9 which the person was placed on deferred adjudication was a 3-10 misdemeanor other than a misdemeanor described by Subdivision (2); 3-11 (2) the fifth anniversary of the discharge and 3-12 dismissal, if the offense for which the person was placed on 3-13 deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 3-14 25, 42, or 46, Penal Code; or 3-15 (3) the 10th anniversary of the discharge and 3-16 dismissal, if the offense for which the person was placed on 3-17 deferred adjudication was a felony. 3-18 (c) A person is entitled to the benefit provided under 3-19 Subsection (a) only if during the applicable period described by 3-20 Subsection (b)(1), (2), or (3), as appropriate, the person is not 3-21 convicted of or placed on deferred adjudication community 3-22 supervision under Section 5, Article 42.12, Code of Criminal 3-23 Procedure, for any offense other than an offense under the 3-24 Transportation Code punishable by fine only. A person is not 3-25 entitled to the benefit provided under Subsection (a) during any 3-26 period in which the person is required to register as a sex 3-27 offender under Chapter 62, Code of Criminal Procedure. 4-1 (d) For purposes of Subsections (a) and (b), a person is 4-2 considered to have been placed on deferred adjudication community 4-3 supervision if, regardless of the statutory authorization: 4-4 (1) the person entered a plea of guilty or nolo 4-5 contendere; 4-6 (2) the person was placed under the supervision of the 4-7 court or an officer under the supervision of the court; and 4-8 (3) at the end of the period of supervision the judge 4-9 dismissed the proceedings and discharged the person. 4-10 (e) A person who is the subject of information that is 4-11 excepted from the requirements of Section 552.021 under this 4-12 section may deny the occurrence of the arrest and prosecution to 4-13 which the information relates and the exception of the information 4-14 under this section, unless the information is being used against 4-15 the person in a subsequent criminal proceeding. 4-16 SECTION 3. The change in law made by this Act applies to 4-17 information related to a deferred adjudication or similar procedure 4-18 described by Section 411.081(f), Government Code, as added by this 4-19 Act, regardless of whether the deferred adjudication or procedure 4-20 is entered before, on, or after the effective date of this Act. 4-21 SECTION 4. This Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1415 was passed by the House on May 5, 2001, by the following vote: Yeas 140, Nays 0, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 1415 on May 18, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 1415 was passed by the Senate, with amendments, on May 16, 2001, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor