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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.