By Shields H.B. No. 1323
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the expunction of arrest records and files when an
1-3 indictment or information is dismissed or quashed and to the
1-4 procedures for expunction following an acquittal.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 55.01(a), Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 (a) A person who has been arrested for commission of either
1-9 a felony or misdemeanor is entitled to have all records and files
1-10 relating to the arrest expunged if:
1-11 (1) the person is tried for the offense for which the
1-12 person was arrested and is:
1-13 (A) acquitted by the trial court, except as
1-14 provided by Subsection (c) of this section; or
1-15 (B) convicted and subsequently pardoned; or
1-16 (2) each of the following conditions exist:
1-17 (A) an indictment or information charging the
1-18 person with commission of a felony has not been presented against
1-19 the person for an offense arising out of the transaction for which
1-20 the person was arrested or, if an indictment or information
1-21 charging the person with commission of a felony was presented, the
1-22 indictment or information [it] has been dismissed or quashed, and:
1-23 (i) the limitations period expired before
1-24 the date on which a petition for expunction was filed under Article
2-1 55.02; or
2-2 (ii) [and] the court finds that the
2-3 indictment or information [it] was dismissed or quashed because the
2-4 presentment had been made because of mistake, false information, or
2-5 other similar reason indicating absence of probable cause at the
2-6 time of the dismissal to believe the person committed the offense
2-7 or because it was void;
2-8 (B) the person has been released and the charge,
2-9 if any, has not resulted in a final conviction and is no longer
2-10 pending and there was no court ordered community supervision under
2-11 Article 42.12 [of this code]; and
2-12 (C) the person has not been convicted of a
2-13 felony in the five years preceding the date of the arrest.
2-14 SECTION 2. Article 55.01, Code of Criminal Procedure, is
2-15 amended by adding Subsection (d) to read as follows:
2-16 (d) On the dismissal or quashing of an indictment or
2-17 information and the expiration of a limitations period described by
2-18 Subsection (a)(2)(A)(i), the attorney representing the state shall
2-19 automatically initiate proceedings to expunge arrest records
2-20 relating to the defendant.
2-21 SECTION 3. Section 1, Article 55.02, Code of Criminal
2-22 Procedure, is amended to read as follows:
2-23 Sec. 1. (a) After [At the request of the defendant and
2-24 after] notice to the state and a hearing, the trial court presiding
2-25 over a [the] case in which a [the] defendant is [was] acquitted and
2-26 [shall enter an order of expunction for a person] entitled to
2-27 expunction under Article 55.01(a)(1)(A) shall enter an order of
3-1 expunction for the defendant not later than the 30th day after the
3-2 date of the acquittal.
3-3 (b) On [Upon] acquittal, the court shall advise the
3-4 defendant of the right to expunction.
3-5 (c) The law enforcement agency that arrested the defendant
3-6 shall provide to the court [all of] the following information or an
3-7 explanation for why any of the following information is not
3-8 provided:
3-9 (1) the defendant's:
3-10 (A) full name;
3-11 (B) sex;
3-12 (C) race;
3-13 (D) date of birth;
3-14 (E) driver's license number;
3-15 (F) social security number; and
3-16 (G) address at the time of the arrest;
3-17 (2) the offense charged against the defendant;
3-18 (3) the date the offense charged against the defendant
3-19 was alleged to have been committed;
3-20 (4) the date the defendant was arrested;
3-21 (5) the name of the county in which the defendant was
3-22 arrested and, if the arrest occurred in a municipality, the name of
3-23 the municipality;
3-24 (6) the case number and court of offense; and
3-25 (7) a list of all law enforcement agencies, jails or
3-26 other detention facilities, magistrates, courts, prosecuting
3-27 attorneys, correctional facilities, central state depositories of
4-1 criminal records, and other officials or agencies or other entities
4-2 of this state or of any political subdivision of this state and of
4-3 all central federal depositories of criminal records that the
4-4 arresting agency has reason to believe have records or files that
4-5 are subject to expunction [required in a petition for expunction
4-6 under Section 2(b)].
4-7 (d) The law enforcement agency that arrested the defendant
4-8 shall pay any costs associated with:
4-9 (1) providing to the court the information described
4-10 by Subsection (c); and
4-11 (2) any other action necessary to obtain the
4-12 expunction.
4-13 (e) The defendant or counsel for the defendant is not
4-14 required to assist the court clerk in preparing copies of the
4-15 expunction order for delivery under Section 3(c) or to take any
4-16 other action necessary to obtain the expunction.
4-17 SECTION 4. The change in law made by Section 1 of this Act
4-18 applies to arrest records and files created before, on, or after
4-19 the effective date of this Act.
4-20 SECTION 5. The change in law made by Section 3 of this Act
4-21 applies to a person who on or after the effective date of this Act
4-22 is acquitted of an offense, regardless of whether the alleged
4-23 offense for which the person was acquitted occurred before, on, or
4-24 after the effective date of this Act.
4-25 SECTION 6. This Act takes effect immediately if it receives
4-26 a vote of two-thirds of all the members elected to each house, as
4-27 provided by Section 39, Article III, Texas Constitution. If this
5-1 Act does not receive the vote necessary for immediate effect, this
5-2 Act takes effect September 1, 2001.