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By: McCall, Hodge (Senate Sponsor - Ellis) |
H.B. No. 2002 |
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(In the Senate - Received from the House May 14, 2009; |
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May 15, 2009, read first time and referred to Committee on Criminal |
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Justice; May 22, 2009, reported favorably by the following vote: |
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Yeas 6, Nays 0; May 22, 2009, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to a right of a close relative to seek expunction of arrest |
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records and files on behalf of a deceased person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 55, Code of Criminal Procedure, is |
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amended by adding Article 55.011 to read as follows: |
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Art. 55.011. RIGHT OF CLOSE RELATIVE TO SEEK EXPUNCTION ON |
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BEHALF OF DECEASED PERSON. (a) In this article, "close relative of |
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a deceased person" means the grandparent, parent, spouse, or adult |
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brother, sister, or child of a deceased person. |
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(b) A close relative of a deceased person who, if not |
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deceased, would be entitled to expunction of records and files |
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under Article 55.01 may file on behalf of the deceased person an ex |
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parte petition for expunction under Section 2 or 2a, Article 55.02. |
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If the court finds that the deceased person would be entitled to |
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expunction of any record or file that is the subject of the |
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petition, the court shall enter an order directing expunction. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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* * * * * |