1-1     By:  Shields (Senate Sponsor - Staples)               H.B. No. 1323
 1-2           (In the Senate - Received from the House April 11, 2001;
 1-3     April 17, 2001, read first time and referred to Committee on
 1-4     Criminal Justice; May 10, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 6, Nays 0;
 1-6     May 10, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1323                    By:  West
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the expunction of arrest records and files when an
1-11     indictment or information is dismissed or quashed.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsection (a), Article 55.01, Code of Criminal
1-14     Procedure, is amended to read as follows:
1-15           (a)  A person who has been arrested for commission of either
1-16     a felony or misdemeanor is entitled to have all records and files
1-17     relating to the arrest expunged if:
1-18                 (1)  the person is tried for the offense for which the
1-19     person was arrested and is:
1-20                       (A)  acquitted by the trial court, except as
1-21     provided by Subsection (c) of this section; or
1-22                       (B)  convicted and subsequently pardoned; or
1-23                 (2)  each of the following conditions exist:
1-24                       (A)  an indictment or information charging the
1-25     person with commission of a felony has not been presented against
1-26     the person for an offense arising out of the transaction for which
1-27     the person was arrested or, if an indictment or information
1-28     charging the person with commission of a felony was presented, the
1-29     indictment or information [it] has been dismissed or quashed, and:
1-30                             (i)  the limitations period expired before
1-31     the date on which a petition for expunction was filed under Article
1-32     55.02; or
1-33                             (ii)  [and] the court finds that the
1-34     indictment or information [it] was dismissed or quashed because the
1-35     presentment had been made because of mistake, false information, or
1-36     other similar reason indicating absence of probable cause at the
1-37     time of the dismissal to believe the person committed the offense
1-38     or because it was void;
1-39                       (B)  the person has been released and the charge,
1-40     if any, has not resulted in a final conviction and is no longer
1-41     pending and there was no court ordered community supervision under
1-42     Article 42.12 [of this code]; and
1-43                       (C)  the person has not been convicted of a
1-44     felony in the five years preceding the date of the arrest.
1-45           SECTION 2.  Section 3(c), Article 55.02, Code of Criminal
1-46     Procedure, is amended to read as follows:
1-47           (c)  When the order of expunction is final, the clerk of the
1-48     court shall send a certified copy of the order by certified mail,
1-49     return receipt requested, to the Crime Records Service of the
1-50     Department of Public Safety and by hand delivery or certified mail,
1-51     return receipt requested, to each official or agency or other
1-52     entity of this state or of any political subdivision of this state
1-53     designated by the person who is the subject of the order.  The
1-54     clerk of the court must receive a receipt for each order delivered
1-55     by hand under this subsection. The Department of Public Safety
1-56     shall notify any central federal depository of criminal records by
1-57     any means, including electronic transmission, of the order with an
1-58     explanation of the effect of the order and a request that the
1-59     records in possession of the depository, including any information
1-60     with respect to the order, be destroyed or returned to the court.
1-61           SECTION 3.  Article 55.03, Code of Criminal Procedure, is
1-62     amended to read as follows:  [After entry of an expunction order:]
1-63     When the order of expunction is final:
1-64                                   (1)  the release, dissemination, or
 2-1     use of the expunged records and files for any purpose is
 2-2     prohibited;
 2-3                                   (2)  except as provided in
 2-4     Subdivision 3 of this article, the person arrested may deny the
 2-5     occurrence of the arrest and the existence of the expunction order;
 2-6     and
 2-7                                   (3)  the person arrested or any other
 2-8     person, when questioned under oath in a criminal proceeding about
 2-9     an arrest for which the records have been expunged, may state only
2-10     that the matter in question has been expunged.
2-11           SECTION 4.  The change in law made by this Act applies to
2-12     arrest records and files created before, on, or after the effective
2-13     date of this Act.
2-14           SECTION 5.  This Act takes effect immediately if it receives
2-15     a vote of two-thirds of all the members elected to each house, as
2-16     provided by Section 39, Article III, Texas Constitution.  If this
2-17     Act does not receive the vote necessary for immediate effect, this
2-18     Act takes effect September 1, 2001.
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