From: Kendall, Angie [mailto:Angie.Kendall@txdps.state.tx.us]
Sent: Tuesday, September 01, 2009 12:12 PM
To: Hope Lochridge
Subject: New legislation

Hope,

As you may know SB 1056 modified Section 411.081 of the Government Code. The law now requires a convicting court to immediately issue an order of non-disclosure for a conviction of a child for a Class C misdemeanor. These orders must be sent to the Department of Public Safety. I was hoping that you could help distribute the reporting procedures for us.  We need a copy of the order either faxed or emailed.  Once we receive the orders, we will proceed with our notification requirement per 411.081 GC.

Email to  - NonDisclosures@txdps.state.tx.us
FAX  -      512-424-5760

Also, some of the justice and municipal courts asked the department for guidance in interpreting SB 1056 as it relates to traffic offenses.  SB 1056 authorizes the court to issue an order of nondisclosure prohibiting criminal justice agencies from disclosing to the public criminal history record information relating to an offense punishable by fine only which was committed by a child.

Government Code §411.081(f-1) states: “Notwithstanding any other provision of this subchapter, on conviction of a child for a misdemeanor offense punishable by fine only that does not constitute conduct indicating a need for supervision under Section 51.03, Family Code, the convicting court shall immediately issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense.”

Government Code §411.082(2) states: "Criminal history record information" means information collected about a person by a criminal justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, information's, and other formal criminal charges and their dispositions. The term does not include:

(A)  identification information, including fingerprint records, to the extent that the identification information does not indicate involvement of the person in the criminal justice system; or

(B)  driving record information maintained by the department under Subchapter C, Chapter 521, Transportation Code."

In addition, Transportation Code, §521.046 authorizes the department to disclose information relating to traffic law convictions.  Also, conversations with Kelvin Bass, aide to Senator West the bill sponsor, and Legislative Council indicated SB 1056 was not intended to include nondisclosure of traffic offenses.

Based on the above, the department's position is that SB 1056 does not authorize the nondisclosure of traffic offenses. 

Angie Kendall
Bureau Manager
Criminal History Record Information Processing
512-424-2471