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A BILL TO BE ENTITLED
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AN ACT
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relating to the automatic expunction of certain criminal records; |
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increasing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. (a) The [At the request of the defendant and after
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notice to the state, the] trial court [presiding over the case in
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which the defendant was acquitted, if the trial court is a district
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court, or a district court in the county in which the trial court is
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located] shall enter an order of expunction for a person entitled to |
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expunction because: |
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(1) the person was acquitted; |
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(2) the person was pardoned; or |
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(3) the offense was dismissed for a reason described |
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by Article 55.01(a)(2)(A)(ii) [under Article 55.01(a)(1)(A) not
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later than the 30th day after the date of the acquittal. Upon
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acquittal, the trial court shall advise the defendant of the right
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to expunction. The defendant shall provide to the district court
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all of the information required in a petition for expunction under
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Section 2(b). The attorney for the defendant in the case in which
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the defendant was acquitted, if the defendant was represented by
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counsel, or the attorney for the state, if the defendant was not
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represented by counsel, shall prepare the order for the court's
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signature]. |
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(b) The attorney representing the state whose office |
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prosecuted or would have prosecuted the offense shall prepare the |
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order of expunction for the court's signature under this section. |
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(c) The court shall enter an order of expunction under this |
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section not later than the 30th day after the date of acquittal, |
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pardon, or dismissal. The court shall include in the order a |
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listing of each official, agency, or other entity of this state or |
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political subdivision of this state and each private entity that |
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there is reason to believe has any record or file that is subject to |
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the order. |
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SECTION 2. Section 3, Article 55.04, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 3. An offense under this article is a Class A [B] |
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misdemeanor. |
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SECTION 3. (a) Article 55.02, Code of Criminal Procedure, |
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as amended by this Act, applies only to the expunction of arrest |
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records related to: |
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(1) a criminal offense for which an acquittal occurred |
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on or after the effective date of this Act; |
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(2) a charge for an offense that was dismissed on or |
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after the effective date of this Act; or |
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(3) an arrest made on or after the effective date of |
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this Act. |
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(b) Expunction for an acquittal, dismissal, or arrest that |
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occurred before the effective date of this Act is governed by the |
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law in effect at that time, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. Article 55.04, Code of Criminal Procedure, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is covered by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2009. |