By Uher H.B. No. 1352 77R5384 KEL-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the expunction of certain arrest records and files. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article 55.01, Code of Criminal Procedure, is 1-5 amended by adding Subsection (d) to read as follows: 1-6 (d) A district court may expunge under the procedure 1-7 established under Article 55.02 of this code all records and files 1-8 relating to the arrest of a person for the commission of an offense 1-9 punishable as a Class B misdemeanor if the person: 1-10 (1) committed the offense when the person was younger 1-11 than 25 years of age; 1-12 (2) was placed on deferred adjudication community 1-13 supervision under Section 5, Article 42.12, for that offense; 1-14 (3) subsequently received a dismissal and discharge 1-15 under Section 5(c), Article 42.12, with respect to that offense; 1-16 and 1-17 (4) has not been convicted of any offense. 1-18 SECTION 2. The change in law made by this Act applies to a 1-19 defendant seeking expunction of records relating to an arrest 1-20 regardless of whether the arrest occurred before, on, or after the 1-21 effective date of this Act. 1-22 SECTION 3. This Act takes effect immediately if it receives 1-23 a vote of two-thirds of all the members elected to each house, as 1-24 provided by Section 39, Article III, Texas Constitution. If this 2-1 Act does not receive the vote necessary for immediate effect, this 2-2 Act takes effect September 1, 2001.