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A BILL TO BE ENTITLED
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AN ACT
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relating to restricting access to certain information that relates |
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to a person convicted of or granted a dismissal after deferral of |
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disposition for a fine-only misdemeanor offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 44, Code of Criminal Procedure, is |
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amended by adding Article 44.2812 to read as follows: |
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Art. 44.2812. CONFIDENTIAL RECORDS RELATED TO FINE-ONLY |
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MISDEMEANOR. (a) Except as provided by Subsection (b) and Article |
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45.0218(b), following the fifth anniversary of the date of a final |
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conviction of, or of a dismissal after deferral of disposition for, |
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a misdemeanor offense punishable by fine only, all records and |
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files and information stored by electronic means or otherwise, from |
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which a record or file could be generated, that are held or stored |
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by or for an appellate court and relate to the person who was |
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convicted of, or who received a dismissal after deferral of |
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disposition for, the offense are confidential and may not be |
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disclosed to the public. |
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(b) This article does not apply to an opinion issued by an |
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appellate court. |
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SECTION 2. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.0218 to read as follows: |
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Art. 45.0218. CONFIDENTIAL RECORDS RELATED TO FINE-ONLY |
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MISDEMEANOR. (a) Except as provided by Subsection (b), following |
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the fifth anniversary of the date of a final conviction of, or of a |
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dismissal after deferral of disposition for, a misdemeanor offense |
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punishable by fine only, all records and files and information |
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stored by electronic means or otherwise, from which a record or file |
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could be generated, that are held or stored by or for a municipal or |
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justice court and relate to the person who was convicted of, or who |
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received a dismissal after deferral of disposition for, the offense |
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are confidential and may not be disclosed to the public. |
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(b) Information subject to Subsection (a) may be open to |
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inspection only by: |
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(1) judges or court staff; |
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(2) a criminal justice agency for a criminal justice |
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purpose, as those terms are defined by Section 411.082, Government |
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Code; |
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(3) the Department of Public Safety; |
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(4) the attorney representing the state; |
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(5) the defendant or the defendant's counsel; or |
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(6) if the offense is a traffic offense, an insurance |
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company or surety company authorized to write motor vehicle |
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liability insurance in this state. |
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SECTION 3. The change in law made by this Act applies to the |
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disclosure of information on or after the effective date of this Act |
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regardless of whether the offense that is the subject of the |
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information was committed before, on, or after the effective date |
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of this Act. |
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SECTION 4. This Act takes effect September 1, 2017. |