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.