By Place                                              H.B. No. 2730
       74R7858 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the expunction of certain criminal records.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 55.01(a), Code of Criminal Procedure, is
    1-5  amended to read as follows:
    1-6        (a)  A person who has been arrested for commission of either
    1-7  a felony or misdemeanor is entitled to have all records and files
    1-8  relating to the arrest expunged if:
    1-9              (1)  the person is tried for the offense for which the
   1-10  person was arrested and is:
   1-11                    (A)  acquitted by the trial court; or
   1-12                    (B)  convicted and subsequently pardoned; or
   1-13              (2)  each of the following conditions exist:
   1-14                    (A)  an indictment or information charging him
   1-15  with commission of a felony has not been presented against him for
   1-16  an offense arising out of the transaction for which he was arrested
   1-17  or, if an indictment or information charging him with commission of
   1-18  a felony was presented, it has been dismissed by <and> the court
   1-19  <finds that it was dismissed because the presentment had been made
   1-20  because of mistake, false information, or other similar reason
   1-21  indicating absence of probable cause at the time of the dismissal
   1-22  to believe the person committed the offense or because it was
   1-23  void>; and
   1-24                    (B)  he has been released and the charge, if any,
    2-1  has not resulted in a final conviction and is no longer pending and
    2-2  there was no court ordered community supervision <probation> under
    2-3  Article 42.12, Code of Criminal Procedure<, nor a conditional
    2-4  discharge under Section 481.109, Health and Safety Code; and>
    2-5                    <(C)  he has not been convicted of a felony in
    2-6  the five years preceding the date of the arrest>.
    2-7        SECTION 2.  The change in law made by this Act applies to a
    2-8  defendant seeking expunction of records related to  an arrest for
    2-9  an alleged offense regardless of whether the offense was allegedly
   2-10  committed before, on, or after the effective date of this Act.
   2-11        SECTION 3.  This Act takes effect September 1, 1995.
   2-12        SECTION 4.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.