By Nixon                                               H.B. No. 153
         76R672 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the expunction of certain information contained in
 1-3     records and files relating to an arrest.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 55.01, Code of Criminal Procedure, is
 1-6     amended by adding Subsection (c) to read as follows:
 1-7           (c)  A person is entitled to have any information that
 1-8     identifies the person, including the person's name, address, date
 1-9     of birth, driver's license number, and social security number,
1-10     contained in records and files relating to the arrest of another
1-11     person expunged if:
1-12                 (1)  the information identifying the person asserting
1-13     the entitlement to expunction was falsely given by the person
1-14     arrested as the arrested person's identifying information without
1-15     the consent of the person asserting the entitlement; and
1-16                 (2)  the only reason for the information identifying
1-17     the person asserting the entitlement being contained in the arrest
1-18     records and files of the person arrested is that the information
1-19     was falsely given by the person arrested as the arrested person's
1-20     identifying information.
1-21           SECTION 2.  Section 1, Article 55.02, Code of Criminal
1-22     Procedure, is amended to read as follows:
1-23           Sec. 1.  (a)  A person who is entitled to expunction of
1-24     records and files under this chapter may file an ex parte petition
 2-1     for expunction in a district court for the county in which:
 2-2                 (1)  the petitioner [he] was arrested; or
 2-3                 (2)  the person who falsely identified himself or
 2-4     herself as the petitioner was arrested, if the petitioner relies on
 2-5     an entitlement under Article 55.01(c).
 2-6           (b)  The petition must be verified and shall include the
 2-7     following or an explanation for why one or more of the following is
 2-8     not included:
 2-9                 (1)  the petitioner's:
2-10                       (A)  full name;
2-11                       (B)  sex;
2-12                       (C)  race;
2-13                       (D)  date of birth;
2-14                       (E)  driver's license number;
2-15                       (F)  social security number;  and
2-16                       (G)  address at the time of the arrest;
2-17                 (2)  the offense charged against the petitioner or the
2-18     person described by Subsection (a)(2);
2-19                 (3)  the date the offense charged against the
2-20     petitioner, or the person described by Subsection (a)(2), was
2-21     alleged to have been committed;
2-22                 (4)  the date the petitioner, or the person described
2-23     by Subsection (a)(2), was arrested;
2-24                 (5)  the name of the county where the petitioner, or
2-25     the person described by Subsection (a)(2), was arrested and if the
2-26     arrest occurred in a municipality, the  name of the municipality;
2-27                 (6)  the name of the agency that arrested the
 3-1     petitioner or the person described by Subsection (a)(2);
 3-2                 (7)  the case number and court of offense;  and
 3-3                 (8)  a list of all law enforcement agencies, jails or
 3-4     other detention facilities, magistrates, courts, prosecuting
 3-5     attorneys, correctional facilities, central state depositories of
 3-6     criminal records, and other officials or agencies or other entities
 3-7     of this state or of any political subdivision of this state and of
 3-8     all central federal depositories of criminal records that the
 3-9     petitioner has reason to believe have records or files that are
3-10     subject to expunction.
3-11           (c)  In addition to the information required by Subsection
3-12     (b), if the petitioner relies on an entitlement to expunction under
3-13     Article 55.01(c), the verified petition shall include the following
3-14     or a statement explaining the reason the following is not included:
3-15                 (1)  the full name of the person arrested;
3-16                 (2)  a statement that:
3-17                       (A)  the petitioner is not the person arrested
3-18     and for whom the arrest records and files were created; and
3-19                       (B)  the petitioner did not give the person
3-20     arrested consent to falsely identify himself or herself as the
3-21     petitioner; and
3-22                 (3)  authenticated fingerprint records of the
3-23     petitioner.
3-24           SECTION 3.  Section 5, Article 55.02, Code of Criminal
3-25     Procedure, is amended by adding Subsection (f) to read as follows:
3-26           (f)  On receipt of an order granting expunction to a person
3-27     entitled to expunction under Article 55.01(c), each official,
 4-1     agency, or other entity named in the order shall obliterate all
 4-2     portions of the record or file that identify the petitioner but may
 4-3     not return the record or file or delete index references to the
 4-4     record or file.
 4-5           SECTION 4.  The change in law made by this Act applies to
 4-6     arrest records and files created before, on, or after the effective
 4-7     date of this Act.
 4-8           SECTION 5.  The importance of this legislation and the
 4-9     crowded condition of the calendars in both houses create an
4-10     emergency and an imperative public necessity that the
4-11     constitutional rule requiring bills to be read on three several
4-12     days in each house be suspended, and this rule is hereby suspended,
4-13     and that this Act take effect and be in force from and after its
4-14     passage, and it is so enacted.