By Keel H.B. No. 994
77R2280 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a district court to order the
1-3 expunction of arrest records and files for certain persons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Article 55.02, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 Sec. 1. At the request of the defendant and after notice to
1-8 the state and a hearing, the trial court presiding over the case in
1-9 which the defendant was acquitted, if the trial court is a district
1-10 court, or a district court in the county in which the trial court
1-11 is located shall enter an order of expunction for a person entitled
1-12 to expunction under Article 55.01(a)(1)(A) not later than the 30th
1-13 day after the date of the acquittal. Upon acquittal, the trial
1-14 court shall advise the defendant of the right to expunction. The
1-15 defendant shall provide to the district court all of the
1-16 information required in a petition for expunction under Section
1-17 2(b).
1-18 SECTION 2. Sections 3(a) and (b), Article 55.02, Code of
1-19 Criminal Procedure, are amended to read as follows:
1-20 (a) In an order of expunction issued under this article, the
1-21 [trial] court shall require any state agency that sent information
1-22 concerning the arrest to a central federal depository to request
1-23 such depository to return all records and files subject to the
1-24 order of expunction. The person who is the subject of the
2-1 expunction order or an agency protesting the expunction may appeal
2-2 the court's decision in the same manner as in other civil cases.
2-3 (b) The order of expunction entered by the [trial] court
2-4 shall have attached and incorporate by reference a copy of the
2-5 judgment of acquittal and shall include:
2-6 (1) the following information on the person who is the
2-7 subject of the expunction order:
2-8 (A) full name;
2-9 (B) sex;
2-10 (C) race;
2-11 (D) date of birth;
2-12 (E) driver's license number; and
2-13 (F) social security number;
2-14 (2) the offense charged against the person who is the
2-15 subject of the expunction order;
2-16 (3) the date the person who is the subject of the
2-17 expunction order was arrested;
2-18 (4) the case number and court of offense; and
2-19 (5) the tracking incident number (TRN) assigned to the
2-20 individual incident of arrest under Article 60.07(b)(1) by the
2-21 Department of Public Safety.
2-22 SECTION 3. This Act takes effect September 1, 2001, and
2-23 applies only to a request for expunction made on or after that
2-24 date.