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A BILL TO BE ENTITLED
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AN ACT
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relating to automatic expunction of arrest records and files for |
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certain persons who are tried for an offense and subsequently |
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acquitted. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. The [At the request of the acquitted person and |
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after notice to the state, or at the request of the attorney for the |
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state with the consent of the acquitted person, the] trial court |
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presiding over the case in which the person was acquitted, if the |
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trial court is a district court, a justice court, or a municipal |
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court of record, or a district court in the county in which the |
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trial court is located shall enter an order of expunction for a |
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person entitled to expunction under Article 55.01(a)(1)(A) not |
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later than the 30th day after the date of the acquittal. [On |
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acquittal, the trial court shall advise the acquitted person of the |
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right to expunction. The party requesting the order of expunction |
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shall provide to the court all of the information required in a |
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petition for expunction under Section 2(b).] The attorney for the |
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acquitted person in the case in which the person was acquitted, if |
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the person was represented by counsel, or the attorney for the |
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state, if the person was not represented by counsel [or if the |
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attorney for the state requested the order of expunction], shall |
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prepare the order for the court's signature. If the trial court is |
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not a district court, a justice court, or a municipal court of |
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record, the trial court shall forward the proposed order, and all |
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information required in a petition for expunction under Section |
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2(b), to a district court in the county to proceed in the manner |
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provided by this section. |
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SECTION 2. (a) This Act applies to the expunction of arrest |
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records and files for a person entitled to that expunction under |
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Article 55.01(a)(1)(A), Code of Criminal Procedure, before, on, or |
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after the effective date of this Act, regardless of when the |
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underlying arrest occurred. |
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(b) For a person who is entitled to expunction under Article |
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55.01(a)(1)(A), Code of Criminal Procedure, based on an acquittal |
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that occurred before the effective date of this Act, |
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notwithstanding the 30-day time limit provided for the court to |
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enter an automatic order of expunction under Section 1, Article |
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55.02, Code of Criminal Procedure, as amended by this Act, the court |
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shall enter an order of expunction for the person as soon as |
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practicable after the court receives written notice from any party |
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to the case about the person's entitlement to the expunction. |
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SECTION 3. This Act takes effect September 1, 2023. |