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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 files and records arising |
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from a criminal investigation; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1, Code of Criminal Procedure, is |
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amended by adding Articles 1.28 and 1.281 to read as follows: |
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Art. 1.28. RECORDS OF CERTAIN PERSONS NOT CHARGED WITH AN |
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OFFENSE. (a) A person who is accused or suspected of committing a |
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felony offense but is not placed under a custodial or noncustodial |
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arrest for the offense is entitled to have all records and files |
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relating to a grand jury investigation into the person's conduct |
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expunged in the manner provided by Article 55.01 if: |
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(1) the person was not indicted for any alleged |
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offense by the grand jury; and |
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(2) the statute of limitations has expired for any |
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offense investigated by the grand jury. |
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(b) A person who is entitled to expunction of records and |
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files under Subsection (a) may file an ex parte petition in a |
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district court for the county in which the grand jury investigation |
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occurred. |
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(c) The petition must be verified and must include the |
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following or an explanation for why one or more of the following is |
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not included: |
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(1) the petitioner's: |
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(A) full name; |
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(B) sex; |
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(C) race; |
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(D) date of birth; |
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(E) driver's license number; |
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(F) social security number; and |
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(G) address at the time of the grand jury |
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investigation; |
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(2) the alleged offense or conduct for which the |
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petitioner was investigated; |
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(3) the date the alleged offense or conduct for which |
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the petitioner was investigated was alleged to have been committed; |
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(4) the term of the grand jury that investigated the |
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petitioner; and |
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(5) together with the applicable physical or e-mail |
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addresses, a list of all: |
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(A) law enforcement agencies, detention |
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facilities, magistrates, courts, prosecuting attorneys, central |
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state depositories of criminal records, and other officials or |
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agencies or other entities of this state or of any political |
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subdivision of this state that the petitioner has reason to believe |
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have records or files that are subject to expunction; |
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(B) central federal depositories of criminal |
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records that the petitioner has reason to believe have records or |
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files that are subject to expunction; and |
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(C) private entities that compile and |
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disseminate for compensation criminal history record information |
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that the petitioner has reason to believe have information related |
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to records or files that are subject to expunction. |
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(d) The court shall set a hearing on the matter not earlier |
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than the 30th day after the filing of the petition and shall give to |
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each official or agency or other governmental entity named in the |
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petition reasonable notice of the hearing by: |
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(1) certified mail, return receipt requested; or |
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(2) secure e-mail, electronic transmission, or |
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facsimile transmission. |
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(e) If the court finds that the petitioner is entitled to |
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expunction of any records or files that are the subject of the |
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petition, it shall enter an order directing expunction. |
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(f) On receipt of an order under this article, each official |
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or agency or other governmental entity named in the order shall: |
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(1) return all records and files that are subject to |
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the expunction order to the court, or if removal is impracticable, |
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obliterate all portions of the record or file that identify the |
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person who is the subject of the order and notify the court of its |
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action; and |
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(2) delete from its public records all index |
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references to the records and files that are subject to the |
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expunction order. |
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(g) If an order of expunction is entered under this article, |
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the court records concerning expunction proceedings are not open |
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for inspection by anyone except the person who is the subject of the |
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order. |
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(h) The clerk of the court shall destroy all the files or |
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other records received under Subsection (f) not earlier than the |
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60th day after the date the order of expunction is issued or later |
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than the first anniversary of that date. |
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(i) Not later than the 30th day before the date on which the |
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clerk destroys the files or other records under Subsection (h), the |
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clerk shall provide notice by mail, e-mail, or facsimile |
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transmission to the attorney representing the state in the |
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expunction proceeding. If the attorney representing the state in |
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the expunction proceeding objects to the destruction not later than |
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the 20th day after receiving notice under this subsection, the |
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clerk may not destroy the files or other records until the first |
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anniversary of the date the order of expunction is issued or the |
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first business day after that date. |
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(j) Article 55.03 applies to an expunction under this |
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article. |
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Art. 1.281. VIOLATION OF CERTAIN EXPUNCTION ORDERS. |
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Sec. 1. A person who acquires knowledge of a grand jury |
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investigation while an officer or employee of the state or of any |
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agency or other entity of the state or any political subdivision of |
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the state and who knows of an order under Article 1.28 expunging the |
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records and files relating to that investigation commits an offense |
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if he knowingly releases, disseminates, or otherwise uses the |
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records or files. |
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Sec. 2. A person who knowingly fails to return or to |
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obliterate identifying portions of a record or file ordered |
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expunged under Article 1.28 commits an offense. |
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Sec. 3. An offense under this article is a Class B |
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misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2015. |