By Harris                                              S.B. No. 434
         77R2860 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the expunction of certain arrest records.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Article 55.01(b), Code of Criminal Procedure, is
 1-5     amended to read as follows:
 1-6           (b)  Except as provided by Subsection (c) of this section, a
 1-7     district court may expunge all records and files relating to the
 1-8     arrest of a person who has been arrested for commission of a felony
 1-9     or misdemeanor under the procedure established under Article 55.02
1-10     of this code if the person is:
1-11                 (1)  tried for the offense for which the person was
1-12     arrested,[;]
1-13                 [(2)]  convicted of the offense,[;] and
1-14                 [(3)]  acquitted by the court of criminal appeals; or
1-15                 (2)  for an offense other than a first or second degree
1-16     felony, placed on deferred adjudication community supervision under
1-17     Section 5, Article 42.12 of this code for the offense for which the
1-18     person was arrested and subsequently receives a dismissal and
1-19     discharge under Section 5(c), Article 42.12 of this code.
1-20           SECTION 2.  The change in law made by this Act applies to a
1-21     defendant seeking expunction of records relating to an arrest
1-22     regardless of whether the arrest occurred before, on, or after the
1-23     effective date of this Act.
1-24           SECTION 3.  This Act takes effect immediately if it receives
 2-1     a vote of two-thirds of all the members elected to each house, as
 2-2     provided by Section 39, Article III, Texas Constitution.  If this
 2-3     Act does not receive the vote necessary for immediate effect, this
 2-4     Act takes effect September 1, 2001.