By Garcia                                             H.B. No. 2305
         77R7911 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the expunction of certain arrest records and files.
 1-4           SECTION 1. Section 1, Article 55.02, Code of Criminal
 1-5     Procedure, is amended to read as follows:
 1-6           Sec. 1.  (a) A [At the request of the defendant and after
 1-7     notice to the state and a hearing, the] trial court presiding over
 1-8     a [the] case in which a [the] defendant is [was] acquitted and
 1-9     [shall enter an order of expunction for a person] entitled to
1-10     expunction under Article 55.01(a)(1)(A) shall enter an order of
1-11     expunction for the defendant not later than the 30th day after the
1-12     date of the acquittal.
1-13           (b)  On  [Upon] acquittal, the court shall advise the
1-14     defendant of the right to expunction.
1-15           (c)  The law enforcement agency that arrested the defendant
1-16     shall provide to the court [all of] the following information or an
1-17     explanation for why any of the following information is not
1-18     provided:
1-19                 (1)  the defendant's:
1-20                       (A)  full name;
1-21                       (B)  sex;
1-22                       (C)  race;
1-23                       (D)  date of birth;
1-24                       (E)  driver's license number;
 2-1                       (F)  social security number; and
 2-2                       (G)  address at the time of the arrest;
 2-3                 (2)  the offense charged against the defendant;
 2-4                 (3)  the date the offense charged against the defendant
 2-5     was alleged to have been committed;
 2-6                 (4)  the date the defendant was arrested;
 2-7                 (5)  the name of the county in which the defendant was
 2-8     arrested and, if the arrest occurred in a municipality, the name of
 2-9     the municipality;
2-10                 (6)  the case number and court of offense; and
2-11                 (7)  a list of all law enforcement agencies, jails or
2-12     other detention facilities, magistrates, courts, prosecuting
2-13     attorneys, correctional facilities, central state depositories of
2-14     criminal records, and other officials or agencies or other entities
2-15     of this state or of any political subdivision of this state and of
2-16     all central federal depositories of criminal records that the
2-17     arresting agency has reason to believe have records or files that
2-18     are subject to expunction [required in a petition for expunction
2-19     under Section 2(b)].
2-20           (d)  The law enforcement agency that arrested the defendant
2-21     shall pay any costs associated with:
2-22                 (1)  providing to the court the information described
2-23     by Subsection (c); and
2-24                 (2)  any other action necessary to obtain the
2-25     expunction.
2-26           (e)  The defendant or counsel for the defendant is not
2-27     required to assist the court clerk in preparing copies of the
 3-1     expunction order for delivery under Section 3(c) or to take any
 3-2     other action necessary to obtain the expunction.
 3-3           SECTION 2. The change in law made by this Act applies to a
 3-4     person who on or after the effective date of this Act is acquitted
 3-5     of an offense,  regardless of whether the alleged offense for which
 3-6     the person was acquitted occurred before, on, or after the
 3-7     effective date of this Act.
 3-8           SECTION 3.  This Act takes effect immediately if it receives
 3-9     a vote of two-thirds of all the members elected to each house, as
3-10     provided by Section 39, Article III, Texas Constitution.  If this
3-11     Act does not receive the vote necessary for immediate effect, this
3-12     Act takes effect September 1, 2001.