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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: |
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(1) an opinion issued by an appellate court; or |
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(2) records, files, and information described by |
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Subsection (a) that relate to an offense that is sexual in nature, |
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as determined by the holder of the records, files, or information. |
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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 Subsections (b) and (c), |
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following the fifth anniversary of the date of a final conviction |
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of, or of a dismissal after deferral of disposition for, a |
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misdemeanor offense punishable by fine only, all records and files |
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and information stored by electronic means or otherwise, from which |
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a record or file could be generated, that are held or stored by or |
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for a municipal or justice 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) Records, files, and information subject to Subsection |
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(a) may be open to inspection only: |
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(1) by judges or court staff; |
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(2) by a criminal justice agency for a criminal |
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justice purpose, as those terms are defined by Section 411.082, |
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Government Code; |
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(3) by the Department of Public Safety; |
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(4) by the attorney representing the state; |
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(5) by the defendant or the defendant's counsel; |
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(6) if the offense is a traffic offense, an insurance |
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company or surety company authorized to w |
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rite motor vehicle |
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liability insurance in this state; or |
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(7) for the purpose of complying with a requirement |
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under federal law or if federal law requires the disclosure as a |
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condition of receiving federal highway funds. |
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(c) This article does not apply to records, files, and |
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information described by Subsection (a) that relate to an offense |
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that is sexual in nature, as determined by the holder of the |
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records, files, or information. |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 681 was passed by the House on May 3, |
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2017, by the following vote: Yeas 142, Nays 2, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 681 on May 25, 2017, by the following vote: Yeas 136, Nays 7, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 681 was passed by the Senate, with |
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amendments, on May 23, 2017, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |