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A BILL TO BE ENTITLED
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AN ACT
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relating to a person's eligibility for expunction of certain |
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criminal history records and files. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (e) to |
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read as follows: |
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(b) Except as provided by Subsection (c) [of this section], |
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a district court may expunge all records and files relating to the |
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arrest of a person who has been arrested for commission of a felony |
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or misdemeanor under the procedure established under Article 55.02 |
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[of this code] if the person is: |
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(1) tried for the offense for which the person was |
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arrested,[;
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[(2)] convicted of the offense,[;] and |
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[(3)] acquitted by the court of criminal appeals; or |
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(2) convicted of the offense and meets the |
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requirements of Subsection (e). |
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(e) A person is eligible for an expunction under Subsection |
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(b)(2) if: |
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(1) the person is not seeking an order of expunction |
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for and has never been convicted of or placed on deferred |
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adjudication for: |
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(A) an offense requiring registration as a sex |
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offender under Chapter 62; |
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(B) an offense under any of the following |
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provisions of the Penal Code: |
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(i) Chapter 19; |
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(ii) Section 20.03, 20.04, or 20.05; |
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(iii) Chapter 20A; |
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(iv) Section 22.01, 22.02, or 22.04; |
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(v) Section 28.02; |
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(vi) Chapter 29; |
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(vii) Section 30.02; |
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(viii) Section 42.072; or |
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(ix) Section 49.04, 49.045, 49.07, or |
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49.08; |
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(C) an offense involving manufacture or delivery |
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of a controlled substance under Subchapter D, Chapter 481, Health |
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and Safety Code; or |
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(D) any other offense involving family violence, |
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as defined by Section 71.004, Family Code; |
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(2) with respect to the offense for which the person is |
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seeking an order of expunction, the person petitions the court for |
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an order of expunction under Article 55.02 only on or after the 15th |
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anniversary of the date the person is convicted; and |
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(3) during the applicable period described by |
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Subdivision (2), the person is not convicted of or placed on |
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deferred adjudication community supervision for any offense other |
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than an offense under the Transportation Code punishable by fine |
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only. |
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SECTION 2. The change in law made by this Act applies to a |
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person who, on or after the effective date of this Act, seeks |
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expunction of records and files relating to an arrest, regardless |
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of whether the arrest occurred before, on, or after the effective |
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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. |