By:  Ogden                                            S.B. No. 1126
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to expunction for unadjudicated but admitted offenses.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsection (a), Article 55.01, Code of Criminal
 1-5     Procedure, is amended to read as follows:
 1-6           (a)  A person who has been arrested for commission of either
 1-7     a felony or misdemeanor is entitled to have all records and files
 1-8     relating to the arrest expunged if:
 1-9                 (1)  the person is tried for the offense for which the
1-10     person was arrested and is:
1-11                       (A)  acquitted by the trial court, except as
1-12     provided by Subsection (c) of this section; or
1-13                       (B)  convicted and subsequently pardoned; or
1-14                 (2)  each of the following conditions exist:
1-15                       (A)  an indictment or information charging the
1-16     person with commission of a felony has not been presented against
1-17     the person for an offense arising out of the transaction for which
1-18     the person was arrested or, if an indictment or information
1-19     charging the person with commission of a felony was presented, it
1-20     has been dismissed and the court finds that it was dismissed
1-21     because the presentment had been made because of mistake, false
1-22     information, or other similar reason indicating absence of probable
1-23     cause at the time of the dismissal to believe the person committed
1-24     the offense or because it was void;
1-25                       (B)  the person has been released and the charge,
 2-1     if any, has not resulted in a final conviction or an admission of
 2-2     guilt under Section 12.45, Penal Code, and is no longer pending,
 2-3     and there was no court ordered community supervision under Article
 2-4     42.12 of this code; and
 2-5                       (C)  the person has not been convicted of a
 2-6     felony in the five years preceding the date of the arrest.
 2-7           SECTION 2.  The change in law made by this Act applies to a
 2-8     person who on or after the effective date of this Act files a
 2-9     petition for expunction under Chapter 55, Code of Criminal
2-10     Procedure, as amended by this Act, regardless of when the arrest
2-11     occurred for which the person seeks expunction of records.
2-12           SECTION 3.  This Act takes effect immediately if it receives
2-13     a vote of two-thirds of all the members elected to each house, as
2-14     provided by Section 39, Article III, Texas Constitution.  If this
2-15     Act does not receive the vote necessary for immediate effect, this
2-16     Act takes effect September 1, 2001.