By: Armbrister S.B. No. 987
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of certain 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 an offense punishable
as a misdemeanor, other than a misdemeanor described by Subdivision
(2), if the person:
(A) committed the offense when the person was
younger than 21 years of age;
(B) was placed on deferred adjudication
community supervision under Section 5, Article 42.12, for that
offense;
(C) subsequently received, at least five years
before filing a petition under Article 55.02, a dismissal and
discharge under Section 5(c), Article 42.12, with respect to that
offense;
(D) 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
(E) 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 does not apply to a misdemeanor
under Section 22.01, Penal Code, committed against a member of the
person's family or household.
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.