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.