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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of all records and files related to |
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arrests for certain decriminalized misdemeanor offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 55, Code of Criminal Procedure, is |
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amended by adding Article 55.012 to read as follows: |
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Art. 55.012. EXPUNCTION OF DECRIMINALIZED MISDEMEANOR |
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OFFENSES. (a) A person who has been placed under a custodial or |
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noncustodial arrest for an offense is entitled to the expunction of |
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all records and files related to the arrest, including, as |
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applicable, any records and files related to a conviction of the |
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offense, if: |
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(1) the person is convicted of or placed on deferred |
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adjudication community supervision under Subchapter C, Chapter |
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42A, for the offense for which the person was arrested; |
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(2) the offense for which the person was arrested was a |
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misdemeanor offense and the conduct that was the subject of the |
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offense as applied to the person has been decriminalized subsequent |
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to the date of the commission of the offense; and |
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(3) as applicable: |
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(A) the person's sentence, including any term of |
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confinement or period of community supervision imposed and payment |
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of all fines and costs imposed, is finally discharged; or |
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(B) the person received a discharge and dismissal |
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under Article 42A.111, Code of Criminal Procedure, for the offense. |
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(b) The person must submit an ex parte petition for |
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expunction to the court that convicted the person or placed the |
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person on deferred adjudication community supervision. The |
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petition must be verified and must contain the information |
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described by Section 2(b), Article 55.02. |
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(c) At a hearing held on a petition for expunction under |
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this article, the court may require the petitioner to demonstrate |
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that the offense that is the subject of the petition qualifies as a |
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decriminalized offense under current law. The demonstration may |
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include an affidavit signed by the petitioner attesting to the fact |
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that the offense that is the subject of the petition qualifies as a |
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decriminalized offense under current law. |
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(d) If the court finds that the petitioner is entitled to |
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expunction of the records and files that are the subject of the |
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petition, the court shall enter an order directing expunction in a |
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manner consistent with the procedures described by Section 1a, |
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Article 55.02. |
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(e) Notwithstanding any other law, the law enforcement |
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agency, the prosecuting attorney responsible for investigating the |
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offense, and the clerk of the applicable court may retain the |
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records and files relating to the arrest for the offense, including |
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any records and files related to a conviction of the offense, to be |
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used only: |
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(1) for the investigation or prosecution of another |
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offense arising out of the same transaction for which the person was |
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arrested; or |
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(2) by the office of the governor in determining |
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whether to issue a pardon or commute a sentence. |
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(f) The records and files for which an order of expunction |
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has been issued under this article are not open for inspection by |
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anyone, except that the records and files are open for inspection by |
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the person who is the subject of the order or for the purposes |
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described by Subsection (e). |
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SECTION 2. Section 109.005(a), Business & Commerce Code, is |
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amended to read as follows: |
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(a) A business entity may not publish any criminal record |
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information in the business entity's possession with respect to |
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which the business entity has knowledge or has received notice |
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that: |
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(1) an order of expunction has been issued under |
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Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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(2) an order of nondisclosure of criminal history |
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record information has been issued under Subchapter E-1, Chapter |
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411, Government Code. |
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SECTION 3. Article 55.011(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) A close relative of a deceased person who, if not |
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deceased, would be entitled to expunction of records and files |
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under this chapter [Article 55.01] may file on behalf of the |
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deceased person an ex parte petition for expunction under Section 2 |
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or 2a, Article 55.02, or Article 55.012, as applicable. If the |
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court finds that the deceased person would be entitled to |
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expunction of any record or file that is the subject of the |
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petition, the court shall enter an order directing expunction. |
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SECTION 4. Article 102.006(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) The fees under Subsection (a) or the fee under |
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Subsection (a-1), as applicable, shall be waived if: |
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(1) the petitioner seeks expunction of a criminal |
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record that relates to an arrest for an offense of which the person |
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was acquitted, other than an acquittal for an offense described by |
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Article 55.01(c), and the petition for expunction is filed not |
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later than the 30th day after the date of the acquittal; or |
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(2) the petitioner is entitled to expunction under |
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Article 55.012. |
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SECTION 5. Section 411.0835, Government Code, is amended to |
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read as follows: |
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Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO |
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CERTAIN PRIVATE ENTITIES. If the department receives information |
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indicating that a private entity that purchases criminal history |
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record information from the department has been found by a court to |
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have committed three or more violations of Section 552.1425 by |
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compiling or disseminating information with respect to which an |
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order of expunction has been issued under Chapter 55 [Article |
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55.02], Code of Criminal Procedure, or an order of nondisclosure of |
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criminal history record information has been issued under |
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Subchapter E-1, the department may not release any criminal history |
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record information to that entity until the first anniversary of |
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the date of the most recent violation. |
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SECTION 6. Section 411.0851(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information shall destroy and |
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may not disseminate any information in the possession of the entity |
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with respect to which the entity has received notice that: |
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(1) an order of expunction has been issued under |
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Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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(2) an order of nondisclosure of criminal history |
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record information has been issued under Subchapter E-1. |
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SECTION 7. Section 411.151(b), Government Code, is amended |
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to read as follows: |
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(b) A person may petition for the expunction of a DNA record |
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under the procedures established under Article 55.02, Code of |
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Criminal Procedure, if the person is entitled to the expunction of |
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records relating to the offense to which the DNA record is related |
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under Chapter 55 [Article 55.01], Code of Criminal Procedure. |
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SECTION 8. Section 552.1425(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information may not compile or |
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disseminate information with respect to which the entity has |
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received notice that: |
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(1) an order of expunction has been issued under |
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Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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(2) an order of nondisclosure of criminal history |
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record information has been issued under Subchapter E-1, Chapter |
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411. |
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SECTION 9. This Act applies to an expunction of arrest |
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records and files relating to any misdemeanor offense that was |
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committed before, on, or after the effective date of this Act. |
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SECTION 10. This Act takes effect September 1, 2021. |