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78R11631 KCR-D
By: Talton H.B. No. 2725
Substitute the following for H.B. No. 2725:
By: Keel C.S.H.B. No. 2725
A BILL TO BE ENTITLED
AN ACT
relating to the destruction of records following certain
expunctions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5, Article 55.02, Code of Criminal
Procedure, is amended by amending Subsection (d) and adding
Subsection (d-1) to read as follows:
(d) Except in the case of a person who is the subject of an
expunction order on the basis of an acquittal or an expunction order
based on an entitlement under Article 55.01(d), the clerk of the
court shall destroy all the files or other records maintained under
Subsection (c) not earlier than the 60th day after [of this section
on the first anniversary of] the date the order of expunction is
issued or later than the first anniversary of that date unless the
records or files were released under Subsection (b) [of this
section].
(d-1) Not later than the 30th day before the date on which
the clerk destroys files or other records under Subsection (d), the
clerk shall provide notice by mail, electronic mail, or facsimile
transmission to the attorney representing the state in the
expunction proceeding. If the attorney representing the state in
the expunction proceeding objects to the destruction not later than
the 20th day after the receiving notice under this subsection, the
clerk may not destroy the files or other records until the first
anniversary of the date the order of expunction is issued or the
first business day after that date.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.