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78R9078 PEP-D

By:  Rodriguez                                                    H.B. No. 3299



A BILL TO BE ENTITLED

AN ACT

relating to the expunction of misdemeanor arrest records and files.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Article 55.01, Code of Criminal Procedure, is 
amended by adding Subsection (e) to read as follows:
	(e)(1)  A district court shall expunge under the procedure 
established under Article 55.02 all records and files relating to 
the arrest of a person for the commission of a misdemeanor if the 
person:
			(A)  committed the offense not less than 10 years 
before filing a petition for expunction with respect to the 
offense;
			(B)  has not been convicted of or placed on 
deferred adjudication community supervision for a felony or Class A 
or Class B misdemeanor, other than the offense that is the subject 
of the petition; and
			(C)  is not subject to pending charges for a 
felony or a Class A or Class B misdemeanor at the time of filing the 
petition.
		(2)  This subsection applies only to a defendant not 
otherwise entitled to expunction under Subsection (a) or (b).
	SECTION 2.  The change in law made by this Act applies to a 
defendant seeking expunction of records relating to an arrest 
regardless of whether the arrest occurred before, on, or after the 
effective date of this Act.
	SECTION 3.   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.