78R1767 EMT-D
By: Keel H.B. No. 171
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a district court to order the
expunction of arrest records and files for certain persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. At the request of the defendant and after notice to
the state and a hearing, the trial court presiding over the case in
which the defendant was acquitted, if the trial court is a district
court, or a district court in the county in which the trial court is
located shall enter an order of expunction for a person entitled to
expunction under Article 55.01(a)(1)(A) not later than the 30th day
after the date of the acquittal. Upon acquittal, the trial court
shall advise the defendant of the right to expunction. The
defendant shall provide to the district court all of the
information required in a petition for expunction under Section
2(b).
SECTION 2. Sections 3(a) and (b), Article 55.02, Code of
Criminal Procedure, are amended to read as follows:
(a) In an order of expunction issued under this article, the
[trial] court shall require any state agency that sent information
concerning the arrest to a central federal depository to request
the [such] depository to return all records and files subject to the
order of expunction. The person who is the subject of the
expunction order or an agency protesting the expunction may appeal
the court's decision in the same manner as in other civil cases.
(b) The order of expunction entered by the [trial] court
shall have attached and incorporate by reference a copy of the
judgment of acquittal and shall include:
(1) the following information on the person who is the
subject of the expunction order:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number; and
(F) social security number;
(2) the offense charged against the person who is the
subject of the expunction order;
(3) the date the person who is the subject of the
expunction order was arrested;
(4) the case number and court of offense; and
(5) the tracking incident number (TRN) assigned to the
individual incident of arrest under Article 60.07(b)(1) by the
Department of Public Safety.
SECTION 3. This Act takes effect September 1, 2003, and
applies only to a request for expunction made on or after that date.