1-1     By:  Staples                                          S.B. No. 1608
 1-2           (In the Senate - Filed March 9, 2001; March 14, 2001, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     April 9, 2001, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; April 9, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the expunction of arrest records and files when an
 1-9     indictment or information is dismissed or quashed.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsection (a), Article 55.01, Code of Criminal
1-12     Procedure, is amended to read as follows:
1-13           (a)  A person who has been arrested for commission of either
1-14     a felony or misdemeanor is entitled to have all records and files
1-15     relating to the arrest expunged if:
1-16                 (1)  the person is tried for the offense for which the
1-17     person was arrested and is:
1-18                       (A)  acquitted by the trial court, except as
1-19     provided by Subsection (c) of this section; or
1-20                       (B)  convicted and subsequently pardoned; or
1-21                 (2)  each of the following conditions exist:
1-22                       (A)  an indictment or information charging the
1-23     person with commission of a felony has not been presented against
1-24     the person for an offense arising out of the transaction for which
1-25     the person was arrested or, if an indictment or information
1-26     charging the person with commission of a felony was presented, the
1-27     indictment or information [it] has been dismissed or quashed, and:
1-28                             (i)  the limitations period expired before
1-29     the date on which a petition for expunction was filed under Article
1-30     55.02; or
1-31                             (ii)  [and] the court finds that the
1-32     indictment or information [it] was dismissed or quashed because the
1-33     presentment had been made because of mistake, false information, or
1-34     other similar reason indicating absence of probable cause at the
1-35     time of the dismissal to believe the person committed the offense
1-36     or because it was void;
1-37                       (B)  the person has been released and the charge,
1-38     if any, has not resulted in a final conviction and is no longer
1-39     pending and there was no court ordered community supervision under
1-40     Article 42.12 [of this code]; and
1-41                       (C)  the person has not been convicted of a
1-42     felony in the five years preceding the date of the arrest.
1-43           SECTION 2.  The change in law made by this Act applies to
1-44     arrest records and files created before, on, or after the effective
1-45     date of this Act.
1-46                                  * * * * *