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House Bill 3481 |
House Author: Veasey et al. |
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Effective: Vetoed |
Senate Sponsor: Harris |
House Bill 3481 amends provisions of the Code of Criminal Procedure relating to the expunction of records and files relating to a person's arrest. The bill revises current conditions for eligibility for the expunction of records and expands the list of persons who are entitled to the expunction of all records and files relating to an arrest to include a person who was convicted and subsequently granted relief on the basis of actual innocence or who was released without having a pending charge or final conviction and meets certain other requirements. The bill entitles certain arrested persons acquitted by a court of appeals and persons for whom an appropriate prosecutor recommends expunction to the expunction of all records and files relating to the arrest. The bill sets forth procedures and requirements relating to entering, preparing, and completing an order of expunction for certain entitled persons, including requirements for the Department of Public Safety and the Texas Department of Criminal Justice relating to returning and deleting files and records.
Reason Given for Veto: 'House Bill No. 3481 would authorize the expunction of criminal records, including law enforcement case files, 180 days after an arrest if no formal misdemeanor or felony charges have been filed. Current statutory provisions require that the statute of limitations for the particular offense, usually at least two years, expire before criminal records may be destroyed, including in cases involving misdemeanor offenses. Current law provides that an individual is entitled to copies of their expunged records after the statute of limitations has expired. A prosecutor may contest the expunction by proving reasonable cause that the person will be charged, leading the prosecutor to reveal details of the investigation prior to its completion. Expunction statutes should not be used as a means of discovery or as a means to force a prosecutor to rush to file formal charges prematurely. Allowing a person to know the identities of witnesses or the nature of their evidence unnecessarily endangers both law enforcement and citizen witnesses prior to an indictment for murder, organized crime, sexual assaults and other serious offenses. House Bill No. 3481 precipitates an untenable injustice to victims and a hazard to public safety.'