| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the automatic expunction of arrest records and files |
|
|
after certain controlled substance offense charges are dismissed. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 55.01(a), Code of Criminal Procedure, is |
|
|
amended 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); |
|
|
(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 |
|
|
(C) convicted of an offense committed before |
|
|
September 1, 2021, under Section 46.02(a), Penal Code, as that |
|
|
section existed before that date; 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 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; |
|
|
(d) the person is charged solely with |
|
|
an offense under Subchapter D, Chapter 481, Health and Safety Code, |
|
|
involving the manufacture, delivery, or possession of a controlled |
|
|
substance and a laboratory analysis of the suspected controlled |
|
|
substance finds no presence of a controlled substance; |
|
|
(e) 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. |
|
|
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 laboratory |
|
|
analysis of a suspected controlled substance that finds no presence |
|
|
of a controlled substance, if the trial court is a district court, |
|
|
or a district court in the county in which the trial court is |
|
|
located shall enter an order of expunction for a person entitled to |
|
|
expunction under Article 55.01(a)(2)(A)(ii)(d) 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)(d). |
|
|
SECTION 4. (a) This Act applies only to the expunction of |
|
|
arrest records related to: |
|
|
(1) a charge for an offense that was dismissed on or |
|
|
after the effective date of this Act; or |
|
|
(2) an arrest made on or after the effective date of |
|
|
this Act. |
|
|
(b) Expunction for a dismissal or arrest that occurred |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect at that time, and the former law is continued in effect for |
|
|
that purpose. |
|
|
(c) 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. |
|
|
(d) For a person who is entitled to expunction under Article |
|
|
55.01(a)(2)(A)(ii)(d), Code of Criminal Procedure, as amended by |
|
|
this Act, 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 shall 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 5. This Act takes effect September 1, 2023. |