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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 arrest records and files |
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pertaining to an individual who has been pardoned. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.02, Code of Criminal Procedure, is |
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amended by adding Section 1a to read as follows: |
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Sec. 1a. (a) The trial court presiding over a case in which |
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a defendant is convicted and subsequently pardoned, if the trial |
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court is a district court, or a district court in the county in |
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which the trial court is located, shall enter an order of expunction |
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for a person entitled to expunction under Article 55.01(a)(1)(B) |
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not later than the 30th day after the date the court receives notice |
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of the pardon. The person shall provide to the district court all |
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of the information required in a petition for expunction under |
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Section 2(b). |
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(b) The attorney for the state shall prepare an expunction |
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order under this section for the court's signature. |
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(c) The court shall include in an expunction order under |
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this section a listing of each official, agency, or other entity of |
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this state or political subdivision of this state and each private |
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entity that there is reason to believe has any record or file that |
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is subject to the order. The court shall also provide in an |
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expunction order under this section that the Department of Public |
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Safety and the Texas Department of Criminal Justice shall: |
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(1) return all records and files that are subject to |
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the expunction order to the court; and |
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(2) delete from its public records all index |
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references to the records and files that are subject to the |
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expunction order. |
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(d) The court shall retain all records and files provided to |
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the court under Subsection (c) until the statute of limitations has |
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run for any civil case or proceeding relating to the wrongful |
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imprisonment of the person subject to the expunction order. |
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SECTION 2. Section 2(a), Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) A person who is entitled to expunction of records and |
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files under Article 55.01(a)(2) [55.01(a)] or a person who is |
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eligible for expunction of records and files under Article 55.01(b) |
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may file an ex parte petition for expunction in a district court for |
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the county in which: |
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(1) the petitioner was arrested; or |
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(2) the offense was alleged to have occurred. |
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SECTION 3. Section 3(c), Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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(c) When the order of expunction is final, the clerk of the |
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court shall send a certified copy of the order to the Crime Records |
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Service of the Department of Public Safety and to each official or |
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agency or other governmental entity of this state or of any |
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political subdivision of this state named in [designated by the
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person who is the subject of] the order. The certified copy of the |
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order must be sent by secure electronic mail, electronic |
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transmission, or facsimile transmission or otherwise by certified |
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mail, return receipt requested. In sending the order to a |
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governmental entity named in the order [designated by the person], |
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the clerk may elect to substitute hand delivery for certified mail |
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under this subsection, but the clerk must receive a receipt for that |
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hand-delivered order. |
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SECTION 4. Section 5(a), Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Except as provided by Subsections (f) and (g), on |
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receipt of the order, each official or agency or other governmental |
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entity named in the order shall: |
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(1) return all records and files that are subject to |
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the expunction order to the court or in cases other than those |
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described by Section 1a, if removal is impracticable, obliterate |
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all portions of the record or file that identify the person who is |
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the subject of the order and notify the court of its action; and |
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(2) delete from its public records all index |
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references to the records and files that are subject to the |
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expunction order. |
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SECTION 5. This Act applies only to the expunction of arrest |
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records related to a criminal offense for which a pardon was granted |
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on or after the effective date of this Act. Expunction based on a |
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pardon that was granted before the effective date of this Act is |
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governed by the law in effect at the time the pardon was granted, |
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and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |