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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 82(R)

Senate Bill 167

Senate Author:  West

Effective:  Vetoed

House Sponsor:  Veasey et al.


            Senate Bill 167 amends the Code of Criminal Procedure to extend the entitlement to have all records and files relating to an arrest expunged to a person who has been arrested for, tried for, and convicted of a felony or misdemeanor and subsequently granted relief on the basis of actual innocence with respect to that offense.  The bill establishes procedures for the appropriate court to enter such an expunction order, requires the attorney for the state to prepare the order for the court's signature and notify the Texas Department of Criminal Justice (TDCJ) if the person is in TDCJ custody, and sets out the required contents of the expunction order.  The bill requires the court to retain certain documents sent from TDCJ relating to the person subject to the expunction order until the statute of limitations has run for any civil case or proceeding relating to the wrongful imprisonment of the person.

Reason Given for Veto:  "Senate bill 167 suffers from technical citation problems and a need to correct language.  House Concurrent Resolution 177, which sought to correct the problems in Senate Bill 167, did not pass both houses.  The intent of Senate Bill 167 is covered in House Bill 351."