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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) each of the following conditions exist: |
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(A) an indictment, [or] information, or |
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complaint charging the person with the commission of a felony or |
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misdemeanor arising out of the transaction for which the person was |
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arrested: |
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(i) has not been presented against the |
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person and: |
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(a) for an arrest based on a felony, |
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the limitations period expired before the date on which a petition |
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for expunction was filed under Article 55.02 or, for an arrest based |
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on a misdemeanor, at least 180 days have elapsed from the date of |
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the arrest; or |
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(b) in response to the petition for |
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expunction, the court finds by a preponderance of the evidence that |
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the indictment, information, or complaint has not been presented |
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against the person because of mistake, false information, or other |
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similar reason indicating absence of probable cause to believe the |
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person committed the offense; or |
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(ii) has been [for an offense arising out of
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the transaction for which the person was arrested or, if an
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indictment or information charging the person with commission of a
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felony was] presented against the person, but was subsequently [the
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indictment or information has been] dismissed or quashed, and: |
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(a) for an arrest based on a felony, |
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[(i)] the limitations period expired before the date on which a |
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petition for expunction was filed under Article 55.02 or, for an |
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arrest based on a misdemeanor, at least 180 days have elapsed from |
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the date of the arrest; or |
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(b) in response to the petition for |
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expunction, [(ii)] the court finds by a preponderance of the |
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evidence that the indictment, [or] information, or complaint was |
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dismissed or quashed because the person successfully completed a |
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pretrial intervention program authorized under Section 76.011, |
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Government Code, because the person received a discharge and |
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dismissal with respect to the offense under Section 20(a), Article |
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42.12, [or] because the presentment had been made because of |
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mistake, false information, or other similar reason indicating |
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absence of probable cause at the time of the dismissal to believe |
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the person committed the offense, or because the indictment, |
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information, or complaint [it] was void; |
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(B) the person has been released and: |
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(i) the charge, if any, has not resulted in |
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a final conviction and is no longer pending; and |
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(ii) there was no court-ordered [court
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ordered] community supervision under Article 42.12 for any offense |
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other than for an offense punishable as a Class C misdemeanor or an |
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offense with respect to which the person received a discharge and |
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dismissal under Section 20(a), Article 42.12; and |
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(C) the person has not been convicted of a felony |
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in the five years preceding the date of the arrest. |
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SECTION 2. Section 20(a), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) At any time after the defendant has satisfactorily |
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completed one-third of the original community supervision period or |
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two years of community supervision, whichever is less, the period |
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of community supervision may be reduced or terminated by the |
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judge. On completion of one-half of the original community |
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supervision period or two years of community supervision, whichever |
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is more, the judge shall review the defendant's record and consider |
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whether to reduce or terminate the period of community supervision, |
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unless the defendant is delinquent in paying required restitution, |
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fines, costs, or fees that the defendant has the ability to pay or |
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the defendant has not completed court-ordered counseling or |
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treatment. Before conducting the review, the judge shall notify |
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the attorney representing the state and the defendant. If the judge |
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determines that the defendant has failed to satisfactorily fulfill |
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the conditions of community supervision, the judge shall advise the |
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defendant in writing of the requirements for satisfactorily |
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fulfilling those conditions. Upon the satisfactory fulfillment of |
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the conditions of community supervision, and the expiration of the |
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period of community supervision, the judge, by order duly entered, |
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shall amend or modify the original sentence imposed, if necessary, |
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to conform to the community supervision period and shall discharge |
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the defendant. If the judge discharges the defendant under this |
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section, the judge may set aside the verdict or permit the defendant |
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to withdraw the defendant's plea, and shall dismiss the accusation, |
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complaint, information or indictment against the defendant. The |
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defendant[, who] shall thereafter be released from all penalties |
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and disabilities resulting from the offense or crime of which the |
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defendant has been convicted or to which the defendant has pleaded |
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guilty, except that, unless the defendant obtains an expunction of |
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the underlying arrest under Chapter 55: |
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(1) proof of the conviction or plea of guilty shall be |
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made known to the judge should the defendant again be convicted of |
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any criminal offense; and |
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(2) if the defendant is an applicant for a license or |
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is a licensee under Chapter 42, Human Resources Code, the Health and |
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Human Services Commission may consider the fact that the defendant |
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previously has received community supervision under this article in |
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issuing, renewing, denying, or revoking a license under that |
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chapter. |
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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 and files relating to an |
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arrest regardless of whether the arrest occurred before, on, or |
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after the 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, 2011. |