By Allen H.B. No. 584
76R3624 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right to expunction of records and files relating
1-3 to a person's arrest.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1(b), Article 55.02, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (b) The petition must be verified and shall include the
1-8 following or an explanation for why one or more of the following
1-9 is not included:
1-10 (1) the petitioner's:
1-11 (A) full name;
1-12 (B) sex;
1-13 (C) race;
1-14 (D) date of birth;
1-15 (E) driver's license number;
1-16 (F) social security number; and
1-17 (G) address at the time of the arrest;
1-18 (2) the offense charged against the petitioner;
1-19 (3) the date the offense charged against the
1-20 petitioner was alleged to have been committed;
1-21 (4) the date the petitioner was arrested;
1-22 (5) the name of the county where the petitioner was
1-23 arrested and if the arrest occurred in a municipality, the name of
1-24 the municipality;
2-1 (6) the name of the agency that arrested the
2-2 petitioner;
2-3 (7) the case number and court of offense; [and]
2-4 (8) a statement of whether the petitioner is:
2-5 (A) confined in a correctional facility as
2-6 defined by Section 1.07, Penal Code, and, if so, a designation of
2-7 the facility;
2-8 (B) under the supervision of a juvenile
2-9 probation officer, a community supervision and corrections
2-10 department officer, or a parole officer, and, if so, the name and
2-11 address of the officer; or
2-12 (C) subject to sex offender registration under
2-13 Chapter 62, and, if so, a designation of the local law enforcement
2-14 authority with whom the petitioner is required to register; and
2-15 (9) a list of all law enforcement agencies, jails or
2-16 other detention facilities, magistrates, courts, prosecuting
2-17 attorneys, correctional facilities, central state depositories of
2-18 criminal records, and other officials or agencies or other entities
2-19 of this state or of any political subdivision of this state and of
2-20 all central federal depositories of criminal records that the
2-21 petitioner has reason to believe have records or files that are
2-22 subject to expunction.
2-23 SECTION 2. Section 3, Article 55.02, Code of Criminal
2-24 Procedure, is amended by adding Subsection (c) to read as follows:
2-25 (c) If the court finds that at the time of filing the
2-26 petition the petitioner is a person confined, under supervision, or
2-27 subject to registration as described by Section 1(b)(8), the court
3-1 may not enter a final order of expunction until the court receives
3-2 satisfactory proof that the petitioner is not confined, under
3-3 supervision, or subject to registration.
3-4 SECTION 3. This Act takes effect September 1, 1999, and
3-5 applies only to a petition for expunction filed on or after that
3-6 date.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.