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A BILL TO BE ENTITLED
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AN ACT
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relating to the right to an expunction of records and files relating |
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to a person's arrest. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A person who has been placed under a custodial or |
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noncustodial arrest for commission of either a felony or |
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misdemeanor is entitled to have all records and files relating to |
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the arrest expunged if: |
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(1) the person is tried for the offense for which the |
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person was arrested and is: |
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(A) acquitted by the trial court, except as |
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provided by Subsection (c) [of this section]; or |
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(B) convicted and subsequently pardoned; [or] |
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(2) prosecution of the person for the offense for |
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which the person was arrested is no longer possible because: |
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(A) the limitations period has expired; or |
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(B) double jeopardy has attached; or |
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(3) each of the following conditions exist: |
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(A) an indictment or information charging the |
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person with commission of a felony or misdemeanor has not been |
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presented against the person for an offense arising out of the |
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transaction for which the person was arrested or, if an indictment |
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or information charging the person with commission of a felony or |
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misdemeanor was presented, the indictment or information has been |
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dismissed or quashed[, and:
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[(i)
the limitations period expired before
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the date on which a petition for expunction was filed under Article
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55.02; or
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[(ii)
the court finds that the indictment
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or information was dismissed or quashed because the presentment had
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been made because of mistake, false information, or other similar
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reason indicating absence of probable cause at the time of the
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dismissal to believe the person committed the offense or because it
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was void]; and |
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(B) the person has been released and the charge, |
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if any, has not resulted in a final conviction and is no longer |
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pending and there was no court ordered community supervision under |
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Article 42.12 for any offense except for [other than] a Class C |
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misdemeanor[; and
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[(C)
the person has not been convicted of a
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felony in the five years preceding the date of the arrest]. |
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SECTION 2. Article 55.01(a-1), Code of Criminal Procedure, |
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is repealed. |
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SECTION 3. The change in law made by this Act applies to a |
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person seeking expunction of records relating to an arrest |
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regardless of whether the arrest occurred before, on, or after the |
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effective date of this Act. |
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SECTION 4. 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. |