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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) either: |
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(i) an indictment or information charging |
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the person with the commission of a felony or misdemeanor arising |
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out of the transaction for which the person was arrested: |
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(a) has not been presented against the |
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person and the court finds that the reason that such an indictment |
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or information has not been presented is because, at the time of the |
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hearing under Article 55.02, there is an absence of probable cause |
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to believe the person committed an offense arising out of the |
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transaction for which the person was arrested; or |
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(b) has been [for an offense arising
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out of 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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(1) [(i)
the limitations period
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expired before the date on which a petition for expunction was filed
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under Article 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 person |
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successfully completed a pretrial intervention program authorized |
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under Section 76.011, Government Code; [,] or |
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(2) the court finds that the |
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indictment or information was dismissed or quashed because the |
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presentment had been made because of mistake, false information, or |
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other similar reason indicating absence of probable cause at the |
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time of the dismissal to believe the person committed the offense, |
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or because the indictment or information [it] was void; or |
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(ii) the limitations period expired before |
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the date on which a petition was filed under Article 55.02; |
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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 other than a Class C misdemeanor; 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. 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 3. 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. |