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.