78R7603 KCR-F
By: Talton 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(d), Article 55.02, Code of Criminal
Procedure, is amended 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) of this section not later than [on] the first
anniversary of the date the order of expunction is issued unless the
records or files were released under Subsection (b) of this
section.
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.