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.