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A BILL TO BE ENTITLED
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AN ACT
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relating to automatic expunction of a conviction and records |
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relating to certain misdemeanor offenses committed by a minor; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.0551 to read as follows: |
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Art. 45.0551. AUTOMATIC EXPUNCTION OF CONVICTION AND |
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RECORDS IN CERTAIN MISDEMEANOR CASES. (a) Except as provided by |
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Subsection (i), this article applies only to a person whose 17th |
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birthday occurs on or after September 1, 2013. |
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(b) Notwithstanding Chapter 55, a person who before the |
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person's 17th birthday has been convicted of a Class C misdemeanor, |
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other than a traffic offense or an offense under Section 22.01, |
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Penal Code, is entitled to have the conviction and records related |
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to the conviction expunged on the individual's 17th birthday. |
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(c) Not later than the 15th day after a person becomes |
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entitled to expunction under Subsection (b), the attorney for the |
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state shall prepare an expunction order for the court, notify the |
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convicting court, and notify the person that the person's record is |
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being expunged of offenses described by that subsection. |
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(d) Not later than the 15th day after a court receives |
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notice under Subsection (c), the court shall expunge without a |
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hearing the conviction and records relating to the conviction, |
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including complaints, verdicts, sentences, and other documents |
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relating to the offense, including any documents in the possession |
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of a school district or law enforcement agency. |
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(e) When an order of expunction is final under this article: |
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(1) the release, maintenance, dissemination, or use of |
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the expunged records and files for any purpose is prohibited; and |
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(2) the conviction may not be shown or made known for |
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any purpose. |
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(f) A person commits an offense if the person: |
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(1) acquires knowledge of a conviction of a child for |
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an offense described by Subsection (b) while acting as a public |
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officer, employee, or agent; |
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(2) knows of an order expunging the records and files |
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relating to the conviction; and |
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(3) knowingly releases, disseminates, or otherwise |
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uses the information, records, or files. |
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(g) A person commits an offense if the person: |
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(1) is ordered by a court to return or to destroy |
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identifying portions of a record or file ordered expunged under |
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this section; and |
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(2) knowingly fails to return or destroy the record or |
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file. |
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(h) An offense under Subsection (f) or (g) is a Class B |
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misdemeanor. |
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(i) A person whose 17th birthday occurs before September 1, |
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2013, may submit a petition to the convicting court for an |
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expunction under this article. The person is entitled to |
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expunction on presentation of the petition, in a form determined by |
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the petitioner and without payment of a fee, not later than the 30th |
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day after the petition is filed with the court. |
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SECTION 2. Article 45.055, Code of Criminal Procedure, is |
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repealed. |
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SECTION 3. This Act takes effect September 1, 2013. |