77R14655 KEL-D
By West S.B. No. 1570
Substitute the following for S.B. No. 1570:
By Garcia C.S.S.B. No. 1570
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. 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.