1-1     By:  Ogden                                            S.B. No. 1126
 1-2           (In the Senate - Filed March 6, 2001; March 7, 2001, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     April 3, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; April 3, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to expunction for unadjudicated but admitted offenses.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Subsection (a), Article 55.01, Code of Criminal
1-11     Procedure, is amended to read as follows:
1-12           (a)  A person who has been arrested for commission of either
1-13     a felony or misdemeanor is entitled to have all records and files
1-14     relating to the arrest expunged if:
1-15                 (1)  the person is tried for the offense for which the
1-16     person was arrested and is:
1-17                       (A)  acquitted by the trial court, except as
1-18     provided by Subsection (c) of this section; or
1-19                       (B)  convicted and subsequently pardoned; or
1-20                 (2)  each of the following conditions exist:
1-21                       (A)  an indictment or information charging the
1-22     person with commission of a felony has not been presented against
1-23     the person for an offense arising out of the transaction for which
1-24     the person was arrested or, if an indictment or information
1-25     charging the person with commission of a felony was presented, it
1-26     has been dismissed and the court finds that it was dismissed
1-27     because the presentment had been made because of mistake, false
1-28     information, or other similar reason indicating absence of probable
1-29     cause at the time of the dismissal to believe the person committed
1-30     the offense or because it was void;
1-31                       (B)  the person has been released and the charge,
1-32     if any, has not resulted in a final conviction or an admission of
1-33     guilt under Section 12.45, Penal Code, and is no longer pending,
1-34     and there was no court ordered community supervision under Article
1-35     42.12 of this code; and
1-36                       (C)  the person has not been convicted of a
1-37     felony in the five years preceding the date of the arrest.
1-38           SECTION 2.  The change in law made by this Act applies to a
1-39     person who on or after the effective date of this Act files a
1-40     petition for expunction under Chapter 55, Code of Criminal
1-41     Procedure, as amended by this Act, regardless of when the arrest
1-42     occurred for which the person seeks expunction of records.
1-43           SECTION 3.  This Act takes effect immediately if it receives
1-44     a vote of two-thirds of all the members elected to each house, as
1-45     provided by Section 39, Article III, Texas Constitution.  If this
1-46     Act does not receive the vote necessary for immediate effect, this
1-47     Act takes effect September 1, 2001.
1-48                                  * * * * *