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AN ACT
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relating to access to criminal history record information by state |
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appellate courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1406 to read as follows: |
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Sec. 411.1406. ACCESS TO CRIMINAL HISTORY INFORMATION: |
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APPELLATE COURTS. (a) In this section, "appellate court" means |
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the Supreme Court of Texas, the Texas Court of Criminal Appeals, or |
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a court of appeals. |
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(b) An appellate court is entitled to obtain from the |
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department criminal history record information maintained by the |
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department that relates to a person who is an applicant for: |
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(1) employment with the court; |
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(2) a volunteer position with the court; or |
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(3) an appointment made by the court. |
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(c) Criminal history record information obtained by the |
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court under Subsection (b) may be used only to evaluate an |
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applicant. |
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(d) The court may not release or disclose information |
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obtained under Subsection (b) except on order of a district court. |
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(e) After the expiration of any probationary term of the |
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person's employment, volunteer status, or appointment, the court |
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shall destroy all criminal history record information obtained |
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under Subsection (b). |
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(f) An appellate court is entitled to obtain from the |
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department criminal history record information maintained by the |
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department that relates to a person who is a volunteer to, or an |
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employee or appointee of, the court. |
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(g) Criminal history record information obtained by the |
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court under Subsection (f) may be used only to evaluate: |
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(1) an employee's employment with the court; |
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(2) a volunteer's volunteer status with the court; or |
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(3) an appointee's appointment by the court. |
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(h) The court may not release or disclose information |
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obtained under Subsection (f) except on order of a district court. |
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(i) A court shall destroy all criminal history record |
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information obtained under Subsection (f) before January 1, 2008. |
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(j) Subsections (f)-(i) and this subsection expire January |
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1, 2008. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 885 passed the Senate on |
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April 19, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 885 passed the House on |
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May 17, 2007, by the following vote: Yeas 143, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |