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A BILL TO BE ENTITLED
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AN ACT
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relating to the consequences of community supervision and to |
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petitions and procedures for the expunction of criminal records and |
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files and to orders of nondisclosure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Community |
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Supervision and Expunction Reform Act of 2009. |
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SECTION 2. Section 5, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (c-1) to read as |
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follows: |
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(c-1) Notwithstanding any other provision of law, except |
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Subsections (c)(1)-(3) of this article, an order of deferred |
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adjudication community supervision that has resulted in a discharge |
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and dismissal under Subsection (c): |
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(1) may not be deemed a conviction for any purpose; and |
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(2) may not be considered by an agency, board, |
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commission, entity, institution, or program of this state or of a |
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political subdivision of this state for the purposes of determining |
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whether to issue, suspend, restrict, or revoke a certification, |
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commission, license, or permit. |
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SECTION 3. Section 20, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (a-1) to read as |
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follows: |
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(a-1) Notwithstanding any other provision of law, except |
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Subsections (a)(1) and (a)(2) of this article, an order of |
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community supervision that has resulted in a discharge and |
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dismissal under Subsection (a): |
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(1) may not be deemed a conviction for any purpose; and |
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(2) may not be considered by an agency, board, |
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commission, entity, institution, or program of this state or of a |
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political subdivision of this state for the purposes of determining |
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whether to issue, suspend, restrict, or revoke a certification, |
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commission, license, or permit. |
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SECTION 4. Article 55.01, Code of Criminal Procedure, is |
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amended by adding Subsections (a-2), (a-3), and (a-4) to read as |
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follows: |
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(a-2) Notwithstanding Subsections (a)(2)(B) and (a-3), an |
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order of community supervision that has resulted in a discharge and |
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dismissal under Section 5 or Section 20, Article 42.12, does not |
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affect the person's entitlement to expunction: |
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(1) on or after the discharge and dismissal, if the |
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offense for which the person was placed on community supervision |
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was a misdemeanor other than a misdemeanor described by Subdivision |
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(2); |
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(2) on or after the second anniversary of the |
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discharge and dismissal, if the offense for which the person was |
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placed on community supervision was a misdemeanor under Chapter 20, |
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21, 22, 25, 42, or 46, Penal Code; |
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(3) on or after the fifth anniversary of the discharge |
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and dismissal, if the offense for which the person was placed on |
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community supervision was a felony other than a felony described by |
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Subdivision (4); or |
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(4) on or after the seventh anniversary of the |
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discharge and dismissal, if the offense for which the person was |
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placed on community supervision was a felony under Section 19.02, |
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19.03, 20.04, 21.11, 22.011, 22.02, 22.021, or 22.04, Penal Code. |
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(a-3) A person is entitled to petition the court under |
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Article 55.02 only if during the applicable period described by |
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Subsection (a-2)(1), (2), (3), or (4), as appropriate, the person |
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is not convicted of or placed on community supervision for any |
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offense other than an offense under the Transportation Code |
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punishable by fine only. |
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(a-4) A person not otherwise entitled to expunction under |
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Subsection (a) is entitled to have all records and files relating to |
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the custodial or non-custodial arrest of the person for the |
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commission of an offense under the Transportation Code punishable |
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by fine only if the person: |
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(1) committed the offense not less than five years |
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before filing a petition for expunction with respect to the |
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offense; |
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(2) has not been convicted of any other offense in the |
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five years preceding the time of filing the petition; and |
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(3) is not subject to pending charges for any other |
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offense at the time of filing the petition. |
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SECTION 5. 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) or (a-4) or a person who is eligible |
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for expunction of records and files under Article 55.01(b) may file |
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an ex parte petition for expunction in a district court for the |
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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 6. (a) The following provisions of the Government |
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Code are repealed: |
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(1) Section 103.021(37); and |
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(2) Sections 411.081(d)-(h). |
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(b) The change in law made by this section does not affect an |
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order of nondisclosure issued before the effective date of this |
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section. An order of nondisclosure continues in effect as if this |
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section had not been enacted, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. Section 552.142(a), Government Code, is amended |
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to read as follows: |
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(a) Information is excepted from the requirements of |
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Section 552.021 if an order of nondisclosure with respect to the |
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information has been issued under Section 411.081(d) as that law |
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existed immediately before September 1, 2009. |
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SECTION 8. Section 552.1425, Government Code, is amended by |
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amending Subsection (2) to read as follows: |
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(2) an order of nondisclosure has been issued under Section |
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411.081(d) as that law existed immediately before September 1, |
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2009. |
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SECTION 9. (a) The following provisions of the Health and |
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Safety Code are repealed: |
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(1) Section 469.001(b); and |
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(2) Section 469.001(c). |
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(b) The change in law made by this section does not affect an |
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order of nondisclosure issued before the effective date of this |
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section. An order of nondisclosure continues in effect as if this |
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section had not been enacted, and the former law is continued in |
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effect for that purpose. |
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SECTION 10. The change in law made by this Act to Article |
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42.12, Code of Criminal Procedure, applies to a discharge and |
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dismissal regardless of whether the discharge and dismissal |
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occurred before, on, or after the effective date of this Act. |
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SECTION 11. The change in law made by this Act to Chapter |
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55, Code of Criminal Procedure, applies to a person seeking |
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expunction of records and files relating to an arrest on or after |
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the effective date of this Act, regardless of whether the arrest |
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occurred before, on, or after the effective date of this Act. |
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SECTION 12. Sections 1-5 of this Act take effect |
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immediately if it receives a vote of two-thirds of all members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, Sections 1-5 of this Act take effect September 1, |
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2009. All other sections of this Act take effect September 1, 2009. |