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.