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.