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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of certain alcohol- and drug-related |
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offenses following successful treatment and rehabilitation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 55, Code of Criminal Procedure, is |
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amended by adding Article 55.012 to read as follows: |
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Art. 55.012. EXPUNCTION OF CERTAIN ALCOHOL- AND |
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DRUG-RELATED OFFENSES FOLLOWING SUCCESSFUL TREATMENT. (a) A person |
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who has been placed under a custodial or noncustodial arrest for an |
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offense involving the possession or use of alcohol or a substance |
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regulated under Chapter 481, Health and Safety Code, may petition a |
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district court for the county in which the person resides to have |
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all records and files related to the arrest expunged if the person: |
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(1) fully discharged the person's sentence, including |
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any term of incarceration and parole or other form of supervision; |
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(2) successfully completed a substance abuse |
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treatment course of not less than six months in duration at a |
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treatment facility, as defined by Section 462.001, Health and |
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Safety Code; |
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(3) maintained an alcohol- and drug-free lifestyle for |
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a period of not less than two years following the substance abuse |
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treatment course; and |
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(4) has not been arrested for the commission of any |
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felony committed after the date of the arrest with respect to which |
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the person seeks an expunction. |
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(b) The person must submit a petition for expunction to a |
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district court under this article. The petition must be verified |
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and must contain: |
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(1) the information described by Section 2(b), Article |
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55.02; and |
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(2) a statement that the person meets each requirement |
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for expunction described by Subsection (a). |
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(c) After receipt of a petition under Subsection (b) and |
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notice to the state, the court may hold a hearing to determine |
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whether the petitioner meets each requirement for expunction |
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described by Subsection (a). If after the hearing the court finds |
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that the petitioner meets each requirement for expunction and the |
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issuance of an order directing expunction is in the best interest of |
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justice, the court may enter an order directing expunction in a |
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manner consistent with the procedures described by Section 1a, |
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Article 55.02. |
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SECTION 2. Section 411.0851(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information shall destroy and |
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may not disseminate any information in the possession of the entity |
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with respect to which the entity has received notice that: |
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(1) an order of expunction has been issued under |
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Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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(2) an order of nondisclosure has been issued under |
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Section 411.081(d). |
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SECTION 3. Section 552.1425(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information may not compile or |
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disseminate information with respect to which the entity has |
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received notice that: |
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(1) an order of expunction has been issued under |
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Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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(2) an order of nondisclosure has been issued under |
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Section 411.081(d). |
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SECTION 4. This Act takes effect September 1, 2013. |