By: Harris  S.B. No. 920
         (In the Senate - Filed February 17, 2009; March 9, 2009,
  read first time and referred to Committee on Criminal Justice;
  April 14, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0; April 14, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 920 By:  Hinojosa
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the right to an expunction of records and files relating
  to a person's arrest.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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)  either:
                           (i)  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 and:
                                 (a)  the applicable limitations period
  expired before the date on which a petition for expunction was filed
  under Article 55.02; or
                                 (b)  the court finds that there is
  reasonable cause to believe the state will not proceed against the
  person for an offense arising out of the transaction for which the
  person was arrested; or
                           (ii)  [or,] if an indictment or information
  charging the person with commission of a felony was presented
  against the person for an offense arising out of the transaction for
  which the person was arrested, the indictment or information has
  been dismissed or quashed[,] and:
                                 (a) [(i)]  the applicable limitations
  period expired before the date on which a petition for expunction
  was filed under Article 55.02; [or]
                                 (b) [(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; or
                                 (c)  the court finds that there is
  reasonable cause to believe the state will not proceed against the
  person for an offense arising out of the transaction for which the
  person was arrested;
                     (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.  The change in law made by this Act applies to a
  person seeking expunction of records relating to an arrest
  regardless of whether the arrest occurred before, on, or after the
  effective date of this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
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