By Patterson S.B. No. 1337
75R5631 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of a person to seek an expunction of certain
1-3 records and files pertaining to a misdemeanor offense.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 55.01(b), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (b) A district court may expunge all records and files
1-8 relating to the arrest of a person who has been arrested for
1-9 commission of a felony or misdemeanor under the procedure
1-10 established under Article 55.02 [of this code] if the person is:
1-11 (1) tried for the offense for which the person was
1-12 arrested,[;]
1-13 [(2)] convicted of the offense,[;] and
1-14 [(3)] acquitted by the court of criminal appeals;
1-15 (2) placed on community supervision after having been
1-16 convicted or receiving an order of deferred adjudication in
1-17 connection with the offense for which the person was arrested, if:
1-18 (A) the offense is a Class A misdemeanor and not
1-19 less than 20 years have passed since the date on which the person
1-20 was discharged from community supervision; or
1-21 (B) the offense is a Class B misdemeanor and not
1-22 less than 15 years have passed since the date on which the person
1-23 was discharged from community supervision; or
1-24 (3) convicted of a Class C misdemeanor and not less
2-1 than 10 years have passed since the date of conviction.
2-2 SECTION 2. This Act takes effect September 1, 1997.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.