By:  Armbrister                                       S.B. No. 1564
         99S0775/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the expunction of records concerning certain
 1-2     misdemeanor offenses.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsection (a), Article 55.01, Code of Criminal
 1-5     Procedure, is 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)  all [each] of the following conditions exist:
1-14                       (A)  an indictment or information charging the
1-15     person [him] with commission of a felony has not been presented
1-16     against the person [him] for an offense arising out of the
1-17     transaction for which the person [he] was arrested or, if an
1-18     indictment or information charging the person [him] with commission
1-19     of a felony was presented, it has been dismissed and the court
1-20     finds that it was dismissed because the presentment had been made
1-21     because of mistake, false information, or other similar reason
1-22     indicating absence of probable cause at the time of the dismissal
1-23     to believe the person committed the offense or because it was void;
1-24                       (B)  the person [he] has been released and the
 2-1     charge, if any, has not resulted in a final conviction and is no
 2-2     longer pending and there was no court-ordered 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)  the person [he] has not been convicted of a
 2-6     felony in the five years preceding the date of the arrest; or
 2-7                 (3)  all of the following conditions exist:
 2-8                       (A)  the person was placed on community
 2-9     supervision for a misdemeanor offense that occurred before the
2-10     person's 21st birthday;
2-11                       (B)  the person has not been convicted of, or
2-12     placed on community supervision for, any felony or Class A or Class
2-13     B misdemeanor since the occurrence of the offense for which the
2-14     person seeks expunction;
2-15                       (C)  the person has no felony or Class A or Class
2-16     B misdemeanor charges pending;
2-17                       (D)  all community supervision has been
2-18     successfully terminated; and
2-19                       (E)  the person has attained the age of 25.
2-20           SECTION 2.  This Act takes effect September 1, 1999.
2-21           SECTION 3.  The importance of this legislation and the
2-22     crowded condition of the calendars in both houses create an
2-23     emergency and an imperative public necessity that the
2-24     constitutional rule requiring bills to be read on three several
2-25     days in each house be suspended, and this rule is hereby suspended.