| |
| |
| |
|
|
AN ACT
|
|
|
relating to providing certain information to a criminal defendant |
|
|
at the time the defendant is placed on deferred adjudication |
|
|
community supervision and at the time of the dismissal of certain |
|
|
proceedings against the defendant. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 5, Article 42.12, Code of Criminal |
|
|
Procedure, is amended by adding Subsections (a-1) and (c-1) to read |
|
|
as follows: |
|
|
(a-1) Before placing a defendant on deferred adjudication |
|
|
community supervision under this section, the court shall inform |
|
|
the defendant of the defendant's right to petition the court for an |
|
|
order of nondisclosure under Section 411.081, Government Code, |
|
|
unless the defendant is ineligible to pursue that right because of: |
|
|
(1) the nature of the offense for which the defendant |
|
|
is placed on deferred adjudication community supervision; or |
|
|
(2) the defendant's criminal history. |
|
|
(c-1) A judge who dismisses the proceedings against a |
|
|
defendant and discharges the defendant under Subsection (c) shall: |
|
|
(1) provide the defendant with a copy of the order of |
|
|
dismissal and discharge; and |
|
|
(2) if applicable, inform the defendant of the |
|
|
defendant's eligibility to petition the court for an order of |
|
|
nondisclosure under Section 411.081, Government Code, and the |
|
|
earliest date the defendant is eligible to file the petition for the |
|
|
order of nondisclosure. |
|
|
SECTION 2. Section 5(a-1), Article 42.12, Code of Criminal |
|
|
Procedure, as added by this Act, applies to a defendant placed on |
|
|
deferred adjudication community supervision on or after the |
|
|
effective date of this Act, regardless of whether the offense for |
|
|
which the defendant is placed on deferred adjudication community |
|
|
supervision is committed before, on, or after that date. |
|
|
SECTION 3. Section 5(c-1), Article 42.12, Code of Criminal |
|
|
Procedure, as added by this Act, applies to an order of dismissal |
|
|
and discharge entered on or after the effective date of this Act, |
|
|
regardless of whether the defendant is placed on deferred |
|
|
adjudication community supervision before, on, or after that date. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1106 was passed by the House on April |
|
|
14, 2011, by the following vote: Yeas 141, Nays 1, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 1106 was passed by the Senate on May |
|
|
16, 2011, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |