87R3570 MEW-D
 
  By: Geren H.B. No. 1326
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the automatic expunction of arrest records and files
  for certain public safety employees who successfully complete a
  public safety employees treatment court program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 55.01, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (a-5) to
  read as follows:
         (a)  A person who has been placed under a custodial or
  noncustodial arrest for commission of either a felony or
  misdemeanor is entitled to have all records and files relating to
  the arrest expunged if:
               (1)  the person is tried for the offense for which the
  person was arrested and is:
                     (A)  acquitted by the trial court, except as
  provided by Subsection (c); or
                     (B)  convicted and subsequently:
                           (i)  pardoned for a reason other than that
  described by Subparagraph (ii); or
                           (ii)  pardoned or otherwise granted relief
  on the basis of actual innocence with respect to that offense, if
  the applicable pardon or court order clearly indicates on its face
  that the pardon or order was granted or rendered on the basis of the
  person's actual innocence; or
               (2)  the person has been released and the charge, if
  any, has not resulted in a final conviction and is no longer pending
  and there was no court-ordered community supervision under Chapter
  42A for the offense, unless the offense is a Class C misdemeanor,
  provided that:
                     (A)  regardless of whether any statute of
  limitations exists for the offense and whether any limitations
  period for the offense has expired, an indictment or information
  charging the person with the commission of a misdemeanor offense
  based on the person's arrest or charging the person with the
  commission of any felony offense arising out of the same
  transaction for which the person was arrested:
                           (i)  has not been presented against the
  person at any time following the arrest, and:
                                 (a)  at least 180 days have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a Class C misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (b)  at least one year has elapsed from
  the date of arrest if the arrest for which the expunction was sought
  was for an offense punishable as a Class B or A misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (c)  at least three years have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a felony or if there was a
  felony charge arising out of the same transaction for which the
  person was arrested; or
                                 (d)  the attorney representing the
  state certifies that the applicable arrest records and files are
  not needed for use in any criminal investigation or prosecution,
  including an investigation or prosecution of another person; or
                           (ii)  if presented at any time following the
  arrest, was dismissed or quashed, and the court finds that the
  indictment or information was dismissed or quashed because:
                                 (a)  the person completed a veterans
  treatment court program created under Chapter 124, Government Code,
  or former law, subject to Subsection (a-3);
                                 (b)  the person completed a mental
  health court program created under Chapter 125, Government Code, or
  former law, subject to Subsection (a-4);
                                 (c)  the person completed a public
  safety employees treatment court program created under Chapter 129,
  Government Code, subject to Subsection (a-5);
                                 (d)  the person completed a pretrial
  intervention program authorized under Section 76.011, Government
  Code, other than a veterans treatment court program created under
  Chapter 124, Government Code, or former law, [or] a mental health
  court program created under Chapter 125, Government Code, or former
  law, or a public safety employees treatment court program created
  under Chapter 129, Government Code;
                                 (e) [(d)]  the presentment had been
  made because of mistake, false information, or other similar reason
  indicating absence of probable cause at the time of the dismissal to
  believe the person committed the offense; or
                                 (f) [(e)]  the indictment or
  information was void; or
                     (B)  prosecution of the person for the offense for
  which the person was arrested is no longer possible because the
  limitations period has expired.
         (a-5)  A person is eligible under Subsection
  (a)(2)(A)(ii)(c) for an expunction of arrest records and files only
  if:
               (1)  the person has not previously received an
  expunction of arrest records and files under that sub-subparagraph;
  and
               (2)  the person submits to the court an affidavit
  attesting to that fact.
         SECTION 2.  Section 1a, Article 55.02, Code of Criminal
  Procedure, is amended by adding Subsection (a-3) to read as
  follows:
         (a-3)  A trial court dismissing a case following a person's
  successful completion of a public safety employees treatment court
  program created under Chapter 129, Government Code, if the trial
  court is a district court, or a district court in the county in
  which the trial court is located may, with the consent of the
  attorney representing the state, enter an order of expunction for a
  person entitled to expunction under Article 55.01(a)(2)(A)(ii)(c)
  not later than the 30th day after the date the court dismisses the
  case or receives the information regarding that dismissal, as
  applicable. Notwithstanding any other law, a court that enters an
  order for expunction under this subsection may not charge any fee or
  assess any cost for the expunction.
         SECTION 3.  Article 102.006(b-1), Code of Criminal
  Procedure, is amended to read as follows:
         (b-1)  The fees under Subsection (a) shall be waived if the
  petitioner is entitled to expunction:
               (1)  under Article 55.01(a)(2)(A)(ii)(a) after
  successful completion of a veterans treatment court program created
  under Chapter 124, Government Code, or former law; [or]
               (2)  under Article 55.01(a)(2)(A)(ii)(b) after
  successful completion of a mental health court program created
  under Chapter 125, Government Code, or former law; or
               (3)  under Article 55.01(a)(2)(A)(ii)(c) after
  successful completion of a public safety employees treatment court
  program created under Chapter 129, Government Code.
         SECTION 4.  Section 129.002(b), Government Code, is amended
  to read as follows:
         (b)  If a defendant successfully completes a public safety
  employees treatment court program, after notice to the attorney
  representing the state and a hearing in the public safety employees
  treatment court at which that court determines that a dismissal is
  in the best interest of justice, the public safety employees
  treatment court shall provide to the court in which the criminal
  case is pending information about the dismissal and shall include
  all of the information required about the defendant for a petition
  for expunction under Section 2(b), Article 55.02, Code of Criminal
  Procedure. The court in which the criminal case is pending shall
  dismiss the case against the defendant and:
               (1)  if that trial court is a district court, the court
  may, with the consent of the attorney representing the state, enter
  an order of expunction on behalf of the defendant under Section
  1a(a-3), Article 55.02, Code of Criminal Procedure; or
               (2)  if that trial court is not a district court, the
  court may, with the consent of the attorney representing the state,
  forward the appropriate dismissal and expunction information to
  enable a district court with jurisdiction to enter an order of
  expunction on behalf of the defendant under Section 1a(a-3),
  Article 55.02, Code of Criminal Procedure.
         SECTION 5.  (a) Except as provided by Subsection (b) of this
  section, this Act applies to the expunction of arrest records and
  files for a person who successfully completes a public safety
  employees treatment court program under Chapter 129, Government
  Code, before, on, or after the effective date of this Act,
  regardless of when the underlying arrest occurred.
         (b)  The change in law made by this Act to Article 102.006,
  Code of Criminal Procedure, applies to the fees charged or costs
  assessed for an expunction order entered on or after the effective
  date of this Act, regardless of whether the underlying arrest
  occurred before, on, or after the effective date of this Act.
         (c)  For a person who is entitled to expunction under Article
  55.01(a)(2)(A)(ii)(c), Code of Criminal Procedure, as amended by
  this Act, based on a successful completion of a public safety
  employees treatment court program under Chapter 129, Government
  Code, before the effective date of this Act, notwithstanding the
  30-day time limit provided for the court to enter an automatic order
  of expunction under Section 1a(a-3), Article 55.02, Code of
  Criminal Procedure, as added by this Act, the court may, with the
  consent of the attorney representing the state, enter an order of
  expunction for the person as soon as practicable after the court
  receives written notice from any party to the case about the
  person's entitlement to the expunction.
         SECTION 6.  This Act takes effect September 1, 2021.