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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and administration of practice and |
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procedure related to proceedings in the judicial branch of state |
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government. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 124.001(b), Government Code, is amended |
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to read as follows: |
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(b) If a defendant who was arrested for or charged with, |
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convicted of, or placed on deferred adjudication community |
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supervision for any misdemeanor or felony offense successfully |
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completes a veterans treatment court program, after notice to, and |
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agreement of, the attorney representing the state and a hearing in |
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the veterans treatment court at which that court determines that a |
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dismissal is in the best interest of justice, for any justice |
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involved event, the veterans treatment court shall provide to the |
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court in which the criminal case is pending information about the |
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dismissal and shall include all of the information required about |
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the defendant for a petition for expunction under Section 2(b), |
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Article 55.02, Code of Criminal Procedure. The court in which the |
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criminal case is pending shall dismiss the case against the |
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defendant and: |
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(1) if that trial court is a district court, the court may, |
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with the consent of the attorney representing the state, enter an |
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order of expunction on behalf of the defendant under Section |
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1a(a-1), Article 55.02, Code of Criminal Procedure; or |
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(2) if that trial court is not a district court, the |
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court may, with the consent of the attorney representing the state, |
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forward the appropriate dismissal and expunction information to |
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enable a district court with jurisdiction to enter an order of |
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expunction on behalf of the defendant under Section 1a(a-1), |
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Article 55.02, Code of Criminal Procedure. |
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SECTION 2. This Act takes effect September 1, 2023. |