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78R6129 PEP-F

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) 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 if the person: (1) committed the offense when the person was younger than 21 years of age; (2) was placed on deferred adjudication community supervision under Section 5, Article 42.12, for that offense; (3) 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; (4) 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 (5) is not subject to pending charges for a felony or a Class A or Class B misdemeanor at the time of filing the petition. 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.