| |
| |
|
|
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 55A.053(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) A person to whom this subchapter applies is entitled to |
|
|
have all records and files relating to the arrest expunged if: |
|
|
(1) 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, when presented at any time following the arrest, was |
|
|
dismissed or quashed; and |
|
|
(2) 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 (b); |
|
|
(B) the person completed a mental health court |
|
|
program created under Chapter 125, Government Code, or former law, |
|
|
subject to Subsection (c); |
|
|
(C) the person completed a pretrial intervention |
|
|
program authorized under Section 76.011, Government Code, other |
|
|
than a program described by Paragraph (A) or (B); |
|
|
(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 of the indictment or |
|
|
information was 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. |
|
|
SECTION 2. Subchapter E, Chapter 55A, Code of Criminal |
|
|
Procedure, is amended by adding Article 55A.2035 to read as |
|
|
follows: |
|
|
Art. 55A.2035. NO CONTROLLED SUBSTANCE PRESENT. (a) A |
|
|
trial court that is a district court or a district court in the |
|
|
county in which the trial court is located shall enter an expunction |
|
|
order for a person entitled to expunction under Article |
|
|
55A.053(a)(2)(D) not later than the 30th day after the date the |
|
|
court, as applicable: |
|
|
(1) dismisses the case following a laboratory analysis |
|
|
of a suspected controlled substance that finds no presence of a |
|
|
controlled substance; or |
|
|
(2) receives the information regarding the dismissal. |
|
|
(b) Notwithstanding any other law, a court that enters an |
|
|
expunction order under this article may not charge any fee or assess |
|
|
any cost for the expunction. |
|
|
SECTION 3. Article 55A.204, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE |
|
|
REGARDING EXPUNCTION ORDER. The attorney representing the state |
|
|
shall prepare an expunction order under Article 55A.202, [or] |
|
|
55A.203, or 55A.2035 for the court's signature and notify the Texas |
|
|
Department of Criminal Justice if the person who is the subject of |
|
|
the order is in the custody of the department. |
|
|
SECTION 4. Article 55A.205, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER. In an |
|
|
expunction order entered under Article 55A.202, [or] 55A.203, or |
|
|
55A.2035, the court shall: |
|
|
(1) provide a listing of each official, agency, or |
|
|
other entity of this state or political subdivision of this state |
|
|
and each private entity that there is reason to believe has any |
|
|
record or file that is subject to the order; and |
|
|
(2) require that: |
|
|
(A) the Texas Department of Criminal Justice send |
|
|
to the court any documents delivered to the department under |
|
|
Section 8(a), Article 42.09; and |
|
|
(B) the Department of Public Safety and the Texas |
|
|
Department of Criminal Justice delete or redact, as appropriate, |
|
|
from their public records all index references to the records and |
|
|
files that are subject to the expunction order. |
|
|
SECTION 5. Article 55A.353, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as |
|
|
provided by Articles 55A.354 and 55A.357, on receipt of an |
|
|
expunction order issued under Subchapter E or F, each official or |
|
|
agency or other governmental entity named in the order shall: |
|
|
(1) as appropriate: |
|
|
(A) return all records and files that are subject |
|
|
to the expunction order to the court; or |
|
|
(B) in cases other than those described by |
|
|
Articles 55A.202, [and] 55A.203, and 55A.2035, if removal is |
|
|
impracticable, obliterate all portions of the record or file that |
|
|
identify the person who is the subject of the order and notify the |
|
|
court of the action; and |
|
|
(2) delete from the named entity's public records all |
|
|
index references to the records and files that are subject to the |
|
|
expunction order. |
|
|
SECTION 6. 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 55A.053(a)(2)(A) after successful |
|
|
completion of a veterans treatment court program created under |
|
|
Chapter 124, Government Code, or former law; [or] |
|
|
(2) under Article 55A.053(a)(2)(B) after successful |
|
|
completion of a mental health court program created under Chapter |
|
|
125, Government Code, or former law; or |
|
|
(3) under Article 55A.053(a)(2)(D). |
|
|
SECTION 7. (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 |
|
|
55A.053(a)(2)(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 Article 55A.2035, 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 8. This Act takes effect September 1, 2025. |