78R5716 PEP-D
By: West S.B. No. 1477
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of criminal records and to the duty of
law enforcement agencies regarding records associated with certain
defendants receiving deferred adjudication.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest [arrested] for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c) of this section; or
(B) convicted and subsequently pardoned; or
(2) each of the following conditions exist:
(A) an indictment or information charging the
person with commission of a felony has not been presented against
the person for an offense arising out of the transaction for which
the person was arrested or, if an indictment or information
charging the person with commission of a felony was presented, the
indictment or information has been dismissed or quashed, and:
(i) the limitations period expired before
the date on which a petition for expunction was filed under Article
55.02; or
(ii) the court finds that the indictment or
information was dismissed or quashed because the presentment had
been made because of mistake, false information, or other similar
reason indicating absence of probable cause at the time of the
dismissal to believe the person committed the offense or because it
was void;
(B) the person has been released and the charge,
if any, has not resulted in a final conviction and is no longer
pending and there was no court ordered community supervision under
Article 42.12 for any offense other than a Class C misdemeanor; and
(C) the person has not been convicted of a felony
in the five years preceding the date of the arrest.
SECTION 2. Section 2(a), Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
(a) A person who is entitled to expunction of records and
files under Article 55.01(a) or (d) [55.01(a)(1)(B), 55.01(a)(2),
or 55.01(d)] or a person who is eligible for expunction of records
and files under Article 55.01(b) may file an ex parte petition for
expunction in a district court for the county in which:
(1) the petitioner was arrested;
(2) the person who falsely identified himself or
herself as the petitioner was arrested, if the petitioner relies on
an entitlement under Article 55.01(d); or
(3) the offense was alleged to have occurred.
SECTION 3. Article 55.03, Code of Criminal Procedure, is
amended to read as follows:
Art. 55.03. EFFECT OF EXPUNCTION. When the order of
expunction is final:
(1) the release, dissemination, or use of the expunged
records and files for any purpose other than a purpose described by
Section 411.083(a) or (b)(1), Government Code, is prohibited;
(2) except as provided in Subdivision 3 of this
article, the person arrested may deny the occurrence of the arrest
and the existence of the expunction order; and
(3) the person arrested or any other person, when
questioned under oath in a criminal proceeding about an arrest for
which the records have been expunged, may state only that the matter
in question has been expunged.
SECTION 4. Section 411.081, Government Code, is amended by
adding Subsections (d), (e), and (f) to read as follows:
(d) Notwithstanding any other provision of this subchapter,
if a person is placed on deferred adjudication community
supervision under Section 5, Article 42.12, Code of Criminal
Procedure, subsequently receives a discharge and dismissal under
Section 5(c), Article 42.12, and satisfies the requirements of
Subsection (e), a criminal justice agency may not disclose to the
public criminal history record information related to the offense
giving rise to the deferred adjudication on or after:
(1) the discharge and dismissal, if the offense for
which the person was placed on deferred adjudication was a
misdemeanor other than a misdemeanor described by Subdivision (2);
(2) the fifth anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
25, 42, or 46, Penal Code; or
(3) the 10th anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony.
(e) A person is entitled to the benefit provided under
Subsection (d) only if during the applicable period described by
Subsection (d)(1), (2), or (3), as appropriate, the person is not
convicted of or placed on deferred adjudication community
supervision under Section 5, Article 42.12, Code of Criminal
Procedure, for any offense other than an offense under the
Transportation Code punishable by fine only. A person is not
entitled to the benefit provided under Subsection (d) during any
period in which the person is required to register as a sex offender
under Chapter 62, Code of Criminal Procedure.
(f) For purposes of Subsection (d), a person is considered
to have been placed on deferred adjudication community supervision
if, regardless of the statutory authorization:
(1) the person entered a plea of guilty or nolo
contendere;
(2) the person was placed under the supervision of the
court or an officer under the supervision of the court; and
(3) at the end of the period of supervision the judge
dismissed the proceedings and discharged the person.
SECTION 5. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.142 to read as follows:
Sec. 552.142. EXCEPTION: RECORDS OF CERTAIN DEFERRED
ADJUDICATIONS. (a) Subject to the dates provided by Subsection (b)
and the requirements of Subsection (c), information is excepted
from the requirements of Section 552.021 if the information relates
to an arrest and the prosecution of an offense for which a person is
placed on deferred adjudication community supervision under
Section 5, Article 42.12, Code of Criminal Procedure, and
subsequently receives a discharge and dismissal under Section 5(c),
Article 42.12.
(b) The exception provided by Subsection (a) for
information related to an arrest and the prosecution of an offense
for which a person is placed on deferred adjudication is available
only on or after:
(1) the discharge and dismissal, if the offense for
which the person was placed on deferred adjudication was a
misdemeanor other than a misdemeanor described by Subdivision (2);
(2) the fifth anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
25, 42, or 46, Penal Code; or
(3) the 10th anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony.
(c) A person is entitled to the benefit provided under
Subsection (a) only if during the applicable period described by
Subsection (b)(1), (2), or (3), as appropriate, the person is not
convicted of or placed on deferred adjudication community
supervision under Section 5, Article 42.12, Code of Criminal
Procedure, for any offense other than an offense under the
Transportation Code punishable by fine only. A person is not
entitled to the benefit provided under Subsection (a) during any
period in which the person is required to register as a sex offender
under Chapter 62, Code of Criminal Procedure.
(d) For purposes of Subsections (a) and (b), a person is
considered to have been placed on deferred adjudication community
supervision if, regardless of the statutory authorization:
(1) the person entered a plea of guilty or nolo
contendere;
(2) the person was placed under the supervision of the
court or an officer under the supervision of the court; and
(3) at the end of the period of supervision the judge
dismissed the proceedings and discharged the person.
(e) A person who is the subject of information that is
excepted from the requirements of Section 552.021 under this
section may deny the occurrence of the arrest and prosecution to
which the information relates and the exception of the information
under this section, unless the information is being used against
the person in a subsequent criminal proceeding.
SECTION 6. (a) This Act takes effect September 1, 2003.
(b) The changes in law made by this Act to Chapter 55, Code
of Criminal Procedure, apply to a person seeking expunction of
records and files relating to an arrest regardless of whether the
arrest occurred before, on, or after the effective date of this Act.
(c) The changes in law made by this Act to Section 411.081,
Government Code, as amended by this Act, and Section 552.142,
Government Code, as added by this Act, apply to information related
to a deferred adjudication or similar procedure described by
Section 411.081(f), Government Code, as added by this Act,
regardless of whether the deferred adjudication or procedure is
entered before, on, or after the effective date of this Act.