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Amend CSSB 112 (Senate committee printing) as follows:
(1) In SECTION 1 of the bill, in added Section 617.001(b),
Health and Safety Code (page 1, lines 42-43), between "a veterans
court program" and "after notice", insert ", as authorized under
Section 76.011, Government Code,".
(2) In SECTION 1 of the bill, in added Section 617.001(b),
Health and Safety Code (page 1, lines 47-51), strike "and enter an
order of expunction under Chapter 55, Code of Criminal Procedure,
regardless of whether the defendant was convicted of the offense
for which the defendant entered the program or whether the court
deferred further proceedings without entering an adjudication of
guilt".
(3) In SECTION 1 of the bill, in added Section 617.002(a),
Health and Safety Code (page 1, lines 54-55), strike ", charged
with, or convicted of" and substitute "or charged with".
(4) In SECTION 1 of the bill, in added Section
617.002(a)(2), Health and Safety Code (page 1, line 63), strike "or
mental illness" and substitute ", mental illness, or mental
disorder, including post-traumatic stress disorder,".
(5) In SECTION 1 of the bill, strike added Section 617.007,
Health and Safety Code (page 3, lines 2-13).
(6) Strike SECTION 2 of the bill (page 3, lines 14-29), and
substitute the following:
SECTION 2. Subsection (a), Article 55.01, Code of Criminal
Procedure, is amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest 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 person completed a
pretrial intervention program authorized under Section 76.011,
Government Code, or 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.