|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to certain criminal history record information; |
|
authorizing a fee. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 55.01, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been |
|
placed under a custodial or noncustodial arrest for commission of |
|
either a felony or misdemeanor is entitled to have all records and |
|
files relating to the offense for which the person was arrested [the
|
|
arrest] expunged if: |
|
(1) the person is tried for the offense for which the |
|
person was arrested and is: |
|
(A) acquitted by the trial court, except as |
|
provided by Subsection (c); or |
|
(B) convicted and subsequently: |
|
(i) pardoned for a reason other than that |
|
described by Subparagraph (ii); or |
|
(ii) pardoned or otherwise granted relief |
|
on the basis of actual innocence with respect to that offense, if |
|
the applicable pardon or court order clearly indicates on its face |
|
that the pardon or order was granted or rendered on the basis of the |
|
person's actual innocence; or |
|
(2) the person has been released and the charge, if |
|
any, for the offense for which the expunction is sought has been |
|
dismissed or has not resulted in a final conviction for that |
|
offense, the charge [and] is no longer pending, and there was no |
|
court-ordered community supervision under Article 42.12 for that |
|
[the] offense[,] unless the offense is a Class C misdemeanor, |
|
provided that: |
|
(A) regardless of whether any statute of |
|
limitations exists for the offense and whether any limitations |
|
period for the offense has expired, an indictment or information |
|
charging the person with the commission of the [a misdemeanor] |
|
offense [based on the person's arrest or charging the person with
|
|
the commission of any felony offense arising out of the same
|
|
transaction for which the person was arrested]: |
|
(i) has not been presented against the |
|
person at any time following the person's arrest, and: |
|
(a) at least 180 days have elapsed |
|
from the date of arrest if the offense [arrest] for which the |
|
expunction was sought was [for an offense] punishable as a Class C |
|
misdemeanor and if there was no felony charge arising out of the |
|
same transaction for which the person was arrested; |
|
(b) at least one year has elapsed from |
|
the date of arrest if the offense [arrest] for which the expunction |
|
was sought was [for an offense] punishable as a Class B or A |
|
misdemeanor and if there was no felony charge arising out of the |
|
same transaction for which the person was arrested; |
|
(c) at least three years have elapsed |
|
from the date of arrest if the offense [arrest] for which the |
|
expunction was sought was [for an offense] punishable as a felony or |
|
if there was a felony charge arising out of the same transaction for |
|
which the person was arrested; or |
|
(d) the attorney representing the |
|
state certifies that the applicable [arrest] records and files are |
|
not needed for use in any criminal investigation or prosecution, |
|
including an investigation or prosecution of another person; or |
|
(ii) if presented at any time following the |
|
person's arrest, was dismissed or quashed, and the court finds that |
|
the indictment or information was dismissed or quashed because the |
|
person completed a pretrial intervention program authorized under |
|
Section 76.011, Government Code, because the presentment had been |
|
made because of mistake, false information, or other similar reason |
|
indicating absence of probable cause at the time of the dismissal to |
|
believe the person committed the offense, or because the indictment |
|
or information was void; or |
|
(B) prosecution of the person for the offense for |
|
which the person was arrested is no longer possible because the |
|
limitations period has expired. |
|
(a-1) Notwithstanding any other provision of this article, |
|
a person may not expunge offense records and files if the applicable |
|
[relating to an] arrest occurred [that occurs] pursuant to a |
|
warrant issued under Section 21, Article 42.12. |
|
(a-2) Notwithstanding any other provision of this article, |
|
a person who intentionally or knowingly absconds from the |
|
jurisdiction after being released under Chapter 17 following an |
|
arrest is not eligible under Subsection (a)(2)(A)(i)(a), (b), or |
|
(c) or Subsection (a)(2)(B) for an expunction of the records and |
|
files relating to that arrest and to the proceedings conducted |
|
under Chapter 17. |
|
(b) Except as provided by Subsection (c), a district court |
|
may expunge all records and files relating to the offense with |
|
respect to [arrest of] a person who has been arrested for commission |
|
of a felony or misdemeanor under the procedure established under |
|
Article 55.02 if: |
|
(1) the person is: |
|
(A) tried for the offense [for which the person
|
|
was arrested]; |
|
(B) convicted of the offense; and |
|
(C) acquitted by the court of criminal appeals |
|
or, if the period for granting a petition for discretionary review |
|
has expired, by a court of appeals; or |
|
(2) an office of the attorney representing the state |
|
authorized by law to prosecute the offense for which the person was |
|
arrested recommends the expunction to the appropriate district |
|
court before the person is tried for the offense, regardless of |
|
whether an indictment or information has been presented against the |
|
person in relation to the offense. |
|
(c) A court may not order the expunction of records and |
|
files relating to [an arrest for] an offense for which a person is |
|
subsequently acquitted, whether by the trial court, a court of |
|
appeals, or the court of criminal appeals, if the offense for which |
|
the person was acquitted arose out of a criminal episode, as defined |
|
by Section 3.01, Penal Code, and the person was convicted of or |
|
remains subject to prosecution for at least one other offense |
|
occurring during the criminal episode. |
|
(d) A person is entitled to have expunged any information |
|
that identifies the person, including the person's name, address, |
|
date of birth, driver's license number, and social security number, |
|
contained in records and files relating to another person's [the] |
|
arrest or to any ensuing criminal proceedings based on that arrest |
|
[of another person expunged] if: |
|
(1) the information identifying the person asserting |
|
the entitlement to expunction was falsely given by the person |
|
arrested as the arrested person's identifying information without |
|
the consent of the person asserting the entitlement; and |
|
(2) the only reason for the information identifying |
|
the person asserting the entitlement being contained in the |
|
[arrest] offense records and files of the person arrested is that |
|
the information was falsely given by the person arrested as the |
|
arrested person's identifying information. |
|
SECTION 2. Section 2a(b), Article 55.02, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(b) The application must be verified, include authenticated |
|
fingerprint records of the applicant, and include the following or |
|
an explanation for why one or more of the following is not included: |
|
(1) the applicant's full name, sex, race, date of |
|
birth, driver's license number, social security number, and address |
|
at the time the person who falsely identified himself or herself as |
|
the applicant was arrested; |
|
(2) the following information regarding the arrest: |
|
(A) the date of arrest; |
|
(B) the offense charged against the person |
|
arrested; |
|
(C) the name of the county or municipality in |
|
which the arrest occurred; and |
|
(D) the name of the arresting agency; and |
|
(3) a statement that: |
|
(A) the applicant is not the person arrested and |
|
for whom the applicable [arrest] records and files were created; |
|
and |
|
(B) the applicant did not give the person |
|
arrested consent to falsely identify himself or herself as the |
|
applicant. |
|
SECTION 3. Section 3(a), Article 55.02, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(a) In an order of expunction issued under this article, the |
|
court shall require any state agency that sent information |
|
concerning the offense [arrest] to a central federal depository to |
|
request the depository to return all records and files subject to |
|
the order of expunction. The person who is the subject of the |
|
expunction order or an agency protesting the expunction may appeal |
|
the court's decision in the same manner as in other civil cases. |
|
SECTION 4. Section 4(a-1), Article 55.02, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(a-1) The court shall provide in its expunction order that |
|
the applicable law enforcement agency and prosecuting attorney may |
|
retain the offense [arrest] records and files of any person who |
|
becomes entitled to an expunction of those records and files based |
|
on the expiration of a period described by Article |
|
55.01(a)(2)(A)(i)(a), (b), or (c), but without the certification of |
|
the prosecuting attorney as described by Article |
|
55.01(a)(2)(A)(i)(d). |
|
SECTION 5. Article 55.03, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 55.03. EFFECT OF EXPUNCTION. When the order of |
|
expunction is final: |
|
(1) the release, maintenance, dissemination, or use of |
|
the expunged records and files for any purpose is prohibited; |
|
(2) except as provided in Subdivision (3) [of this
|
|
article], the person arrested may deny: |
|
(A) the occurrence of the arrest and any ensuing |
|
criminal proceedings based on the arrest; and |
|
(B) the existence of the expunction order; and |
|
(3) the person arrested or any other person, when |
|
questioned under oath in a criminal proceeding about an offense |
|
[arrest] for which the records have been expunged, may state only |
|
that the matter in question has been expunged. |
|
SECTION 6. Section 1, Article 55.04, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
Sec. 1. A person who, [acquires knowledge of an arrest] |
|
while an officer or employee of the state or of any agency or other |
|
entity of the state or any political subdivision of the state, |
|
acquires knowledge of an arrest or of criminal proceedings based on |
|
that arrest and who knows of an order expunging the records and |
|
files relating to the applicable offense [that arrest] commits an |
|
offense if he knowingly releases, disseminates, or otherwise uses |
|
the records or files. |
|
SECTION 7. Section 109.005(a), Business & Commerce Code, as |
|
added by Chapter 1200 (S.B. No. 1289), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is amended to read as follows: |
|
(a) A business entity may not publish any criminal record |
|
information in the business entity's possession with respect to |
|
which the business entity has knowledge or has received notice |
|
that: |
|
(1) an order of expunction has been issued under |
|
Article 55.02, Code of Criminal Procedure; or |
|
(2) an order of nondisclosure has been issued under |
|
Section 411.081 [411.081(d)], Government Code. |
|
SECTION 8. Section 103.0211, Government Code, is amended to |
|
read as follows: |
|
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party |
|
to a civil suit, as applicable, shall pay the following fees and |
|
costs under the Government Code if ordered by the court or otherwise |
|
required: |
|
(1) a court reporter fee when testimony is taken: |
|
(A) in a criminal court in Dallas County (Sec. |
|
25.0593, Government Code) . . . $3; |
|
(B) in a county criminal court of appeals in |
|
Dallas County (Sec. 25.0594, Government Code) . . . $3; |
|
(C) in a county court at law in McLennan County |
|
(Sec. 25.1572, Government Code) . . . $3; and |
|
(D) in a county criminal court in Tarrant County |
|
(Sec. 25.2223, Government Code) . . . $3; |
|
(2) a court reporter service fee if the courts have |
|
official court reporters (Sec. 51.601, Government Code) . . . $15 |
|
or, in specified counties, $30; |
|
(3) a speedy trial rights waiver motion filing fee in |
|
El Paso County (Sec. 54.745, Government Code) . . . $100; |
|
(4) the costs of a criminal magistrate if the court |
|
determines that the nonprevailing party is able to defray the |
|
costs: |
|
(A) in Bexar County (Sec. 54.913, Government |
|
Code) . . . magistrate's fees; |
|
(B) in Dallas County (Sec. 54.313, Government |
|
Code) . . . magistrate's fees; |
|
(C) in Lubbock County (Sec. 54.883, Government |
|
Code) . . . magistrate's fees; |
|
(D) in Tarrant County (Sec. 54.663, Government |
|
Code) . . . magistrate's fees; and |
|
(E) in Travis County (Sec. 54.983, Government |
|
Code) . . . magistrate's fees; |
|
(5) an administrative fee for participation in certain |
|
community supervision programs (Sec. 76.015, Government Code) |
|
. . . not less than $25 and not more than $60 per month; [and] |
|
(6) fee paid on filing a petition for an order of |
|
nondisclosure of criminal history record information in certain |
|
cases (Sec. 411.081(f-1) [411.081], Government Code) . . . $28. |
|
SECTION 9. Section 411.081, Government Code, is amended by |
|
adding Subsections (d-1), (e-1), (h-1), and (h-2) and amending |
|
Subsections (f), (f-1), and (h) to read as follows: |
|
(d-1) Notwithstanding any other provision of this chapter |
|
and subject to Subsection (e-1), a person who is convicted of and |
|
has satisfied the judgment for or who has received a dismissal after |
|
deferral of disposition for a fine-only misdemeanor, other than an |
|
offense under the Transportation Code or an offense under a |
|
municipal ordinance or county order, may petition the court that |
|
convicted or granted a dismissal to the person for an order of |
|
nondisclosure under this subsection. After notice to the state, |
|
the court shall hold a hearing on whether the person is entitled to |
|
file the petition and whether issuance of the order is in the best |
|
interest of justice. In determining whether granting the order is |
|
in the best interest of justice, the court may consider the person's |
|
criminal history record information among any other factors the |
|
court considers relevant. If the court determines that granting |
|
the order is in the best interest of justice, the court shall issue |
|
an order prohibiting criminal justice agencies from disclosing to |
|
the public criminal history record information related to the |
|
fine-only misdemeanor offense that is the subject of the petition. |
|
As a condition of granting the petition under this subsection for a |
|
person convicted of the offense, a court may require the defendant |
|
to perform community service, pay a fee, or both perform the |
|
community service and pay the fee as if the defendant had been |
|
placed on probation pending deferred disposition under Article |
|
45.051, Code of Criminal Procedure. A criminal justice agency may |
|
disclose criminal history record information that is the subject of |
|
an order of nondisclosure under this subsection only to other |
|
criminal justice agencies for criminal justice or regulatory |
|
licensing purposes, an agency or entity listed in Subsection (i), |
|
or the person who is the subject of the order. A person may petition |
|
the court for an order of nondisclosure under this subsection only |
|
on or after the first anniversary of the conviction or dismissal, as |
|
applicable. |
|
(e-1) A person is not entitled to petition the court under |
|
Subsection (d-1) if the person has been previously convicted of or |
|
placed on deferred adjudication for any offense other than an |
|
offense under the Transportation Code punishable by fine only, |
|
regardless of whether that offense is subject to an order of |
|
nondisclosure of criminal history record information granted under |
|
this section or any other law. |
|
(f) For purposes of Subsections [Subsection] (d), (e), and |
|
(e-1), a person is considered to have been placed on deferred |
|
adjudication community supervision if, regardless of the statutory |
|
authorization: |
|
(1) the person entered a plea of guilty or nolo |
|
contendere; |
|
(2) the judge deferred further proceedings without |
|
entering an adjudication of guilt and placed the person under the |
|
supervision of the court or an officer under the supervision of the |
|
court; and |
|
(3) at the end of the period of supervision, the judge |
|
dismissed the proceedings and discharged the person. |
|
(f-1) A person who petitions the court for an order of |
|
nondisclosure under Subsection (d) or (d-1) may file the petition |
|
in person, electronically, or by mail. The petition must be |
|
accompanied by payment of a $28 fee to the clerk of the court in |
|
addition to any other fee that generally applies to the filing of a |
|
civil petition. The Office of Court Administration of the Texas |
|
Judicial System shall prescribe a form for the filing of a petition |
|
electronically or by mail. The form must provide for the petition |
|
to be accompanied by the required fees and any other supporting |
|
material determined necessary by the office of court |
|
administration, including evidence that the person is entitled to |
|
file the petition. The office of court administration shall make |
|
available on its Internet website the electronic application and |
|
printable application form. Each county or district clerk's office |
|
that maintains an Internet website shall include on that website a |
|
link to the electronic application and printable application form |
|
available on the office of court administration's Internet website. |
|
On receipt of a petition under this subsection, the court shall |
|
provide notice to the state and an opportunity for a hearing on |
|
whether the person is entitled to file the petition and issuance of |
|
the order is in the best interest of justice. The court shall hold a |
|
hearing before determining whether to issue an order of |
|
nondisclosure, except that a hearing is not required if: |
|
(1) the state does not request a hearing on the issue |
|
before the 45th day after the date on which the state receives |
|
notice under this subsection; and |
|
(2) the court determines that: |
|
(A) the defendant is entitled to file the |
|
petition; and |
|
(B) the order is in the best interest of justice. |
|
(h) The clerk of a court that collects a fee paid under |
|
Subsection (f-1) for a petition filed under Subsection (d) [(d)] |
|
shall remit the fee to the comptroller not later than the last day |
|
of the month following the end of the calendar quarter in which the |
|
fee is collected, and the comptroller shall deposit the fee in the |
|
general revenue fund. |
|
(h-1) The clerk of a court that collects a fee paid under |
|
Subsection (f-1) for a petition filed under Subsection (d-1) shall |
|
deposit the fee to the credit of the general fund of the |
|
municipality or county, as applicable. |
|
(h-2) The Department of Public Safety shall submit a report |
|
to the legislature not later than December 1 of each even-numbered |
|
year that includes information on: |
|
(1) the number of petitions for nondisclosure and |
|
orders of nondisclosure received by the department in each of the |
|
previous two years; |
|
(2) the actions taken by the department with respect |
|
to the petitions and orders received; |
|
(3) the costs incurred by the department in taking |
|
those actions; and |
|
(4) the number of persons who are the subject of an |
|
order of nondisclosure and who became the subject of criminal |
|
charges for an offense committed after the order was issued. |
|
SECTION 10. Section 411.081(i), Government Code, as amended |
|
by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B. 869), Acts |
|
of the 83rd Legislature, Regular Session, 2013, is reenacted and |
|
amended to read as follows: |
|
(i) A criminal justice agency may disclose criminal history |
|
record information that is the subject of an order of nondisclosure |
|
under this section [Subsection (d)] to the following noncriminal |
|
justice agencies or entities only: |
|
(1) the State Board for Educator Certification; |
|
(2) a school district, charter school, private school, |
|
regional education service center, commercial transportation |
|
company, or education shared service arrangement; |
|
(3) the Texas Medical Board; |
|
(4) the Texas School for the Blind and Visually |
|
Impaired; |
|
(5) the Board of Law Examiners; |
|
(6) the State Bar of Texas; |
|
(7) a district court regarding a petition for name |
|
change under Subchapter B, Chapter 45, Family Code; |
|
(8) the Texas School for the Deaf; |
|
(9) the Department of Family and Protective Services; |
|
(10) the Texas Juvenile Justice Department; |
|
(11) the Department of Assistive and Rehabilitative |
|
Services; |
|
(12) the Department of State Health Services, a local |
|
mental health service, a local intellectual and developmental |
|
disability [mental retardation] authority, or a community center |
|
providing services to persons with mental illness or intellectual |
|
or developmental disabilities [retardation]; |
|
(13) the Texas Private Security Board; |
|
(14) a municipal or volunteer fire department; |
|
(15) the Texas Board of Nursing; |
|
(16) a safe house providing shelter to children in |
|
harmful situations; |
|
(17) a public or nonprofit hospital or hospital |
|
district, or a facility as defined by Section 250.001, Health and |
|
Safety Code; |
|
(18) the securities commissioner, the banking |
|
commissioner, the savings and mortgage lending commissioner, the |
|
consumer credit commissioner, or the credit union commissioner; |
|
(19) the Texas State Board of Public Accountancy; |
|
(20) the Texas Department of Licensing and Regulation; |
|
(21) the Health and Human Services Commission; |
|
(22) the Department of Aging and Disability Services; |
|
(23) the Texas Education Agency; |
|
(24) the Judicial Branch Certification Commission; |
|
(25) a county clerk's office in relation to a |
|
proceeding for the appointment of a guardian under Title 3, Estates |
|
Code [Chapter XIII, Texas Probate Code]; |
|
(26) the Department of Information Resources but only |
|
regarding an employee, applicant for employment, contractor, |
|
subcontractor, intern, or volunteer who provides network security |
|
services under Chapter 2059 to: |
|
(A) the Department of Information Resources; or |
|
(B) a contractor or subcontractor of the |
|
Department of Information Resources; |
|
(27) the Texas Department of Insurance; |
|
(28) the Teacher Retirement System of Texas; and |
|
(29) [(30)] the Texas State Board of Pharmacy. |
|
SECTION 11. Section 411.0851(a), Government Code, is |
|
amended to read as follows: |
|
(a) A private entity that compiles and disseminates for |
|
compensation criminal history record information shall destroy and |
|
may not disseminate any information in the possession of the entity |
|
with respect to which the entity has received notice that: |
|
(1) an order of expunction has been issued under |
|
Article 55.02, Code of Criminal Procedure; or |
|
(2) an order of nondisclosure has been issued under |
|
Section 411.081 [411.081(d)]. |
|
SECTION 12. The heading to Section 552.142, Government |
|
Code, is amended to read as follows: |
|
Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF |
|
CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS]. |
|
SECTION 13. Section 552.142(a), Government Code, is amended |
|
to read as follows: |
|
(a) Information is excepted from the requirements of |
|
Section 552.021 if an order of nondisclosure with respect to the |
|
information has been issued under Section 411.081 [411.081(d)]. |
|
SECTION 14. Section 552.1425(a), Government Code, is |
|
amended to read as follows: |
|
(a) A private entity that compiles and disseminates for |
|
compensation criminal history record information may not compile or |
|
disseminate information with respect to which the entity has |
|
received notice that: |
|
(1) an order of expunction has been issued under |
|
Article 55.02, Code of Criminal Procedure; or |
|
(2) an order of nondisclosure has been issued under |
|
Section 411.081 [411.081(d)]. |
|
SECTION 15. Section 53.021(e), Occupations Code, is amended |
|
to read as follows: |
|
(e) Subsection (c) does not apply if the person is an |
|
applicant for or the holder of a license that authorizes the person |
|
to provide: |
|
(1) law enforcement or public health, education, or |
|
safety services; or |
|
(2) financial services in an industry regulated by a |
|
person listed in Section 411.081(i)(18) [411.081(i)(19)], |
|
Government Code. |
|
SECTION 16. Section 15, Article 42.12, Code of Criminal |
|
Procedure, is amended by adding Subsections (l), (m), and (n) to |
|
read as follows: |
|
(l) On written motion of a defendant after completion of |
|
two-thirds of the original community supervision period for a state |
|
jail felony with respect to which written consent was obtained |
|
under Section 12.44(c), Penal Code, the judge may review the |
|
defendant's record and consider whether to amend the record of |
|
conviction to reflect a conviction for a Class A misdemeanor in lieu |
|
of a state jail felony. On disposition of the community supervision |
|
in a manner provided by Section 20, the judge, on discharge of the |
|
defendant, may amend the record of conviction to reflect a |
|
conviction for a Class A misdemeanor in lieu of a state jail felony, |
|
subject to Subsection (m), if: |
|
(1) the offense for which the defendant was placed on |
|
community supervision was not an offense: |
|
(A) under Section 30.02, Section 30.04, Section |
|
39.04(a)(2), Section 49.045, or Title 5, Penal Code; |
|
(B) under Article 62.102; or |
|
(C) involving family violence, as defined by |
|
Section 71.004, Family Code; |
|
(2) the defendant has fulfilled to the judge's |
|
satisfaction all the conditions of community supervision, |
|
including the payment of all required restitution, and is not |
|
delinquent on the payment of any fines, costs, and fees that the |
|
defendant has the ability to pay; |
|
(3) the defendant files with the written motion a |
|
statement that: |
|
(A) contains a summary of the defendant's |
|
performance during community supervision, including compliance |
|
with the conditions of community supervision; and |
|
(B) asserts that the defendant meets the |
|
conditions for an amendment of the record of conviction under this |
|
subsection; |
|
(4) the defendant provides a copy of the motion and |
|
statement to the attorney representing the state; and |
|
(5) at the hearing held on the motion, the judge finds |
|
that an amendment of the record of conviction is in the best |
|
interest of justice. |
|
(m) A judge who amends a record of conviction under |
|
Subsection (l) may not modify the name of the state jail felony |
|
offense for which the judge placed the defendant on community |
|
supervision. A defendant whose record of conviction is amended |
|
under Subsection (l) is not considered to have been convicted of a |
|
felony with respect to the modified offense. |
|
(n) A record of conviction that is amended under Subsection |
|
(l) supersedes and takes the place of the record of conviction as it |
|
existed on the original date of conviction. A judge retains |
|
jurisdiction for the purposes of Subsection (l) only until the |
|
expiration of the term of community supervision. |
|
SECTION 17. Section 12.44, Penal Code, is amended by adding |
|
Subsection (c) to read as follows: |
|
(c) With the written consent of the prosecuting attorney |
|
prior to sentencing, the court may amend the record of conviction to |
|
reflect a conviction for a Class A misdemeanor in lieu of a state |
|
jail felony as provided by Section 15(l), Article 42.12, Code of |
|
Criminal Procedure. |
|
SECTION 18. This Act applies to an expunction of records and |
|
files relating to any criminal offense that occurred before, on, or |
|
after the effective date of this Act. |
|
SECTION 19. This Act applies to a petition for an order of |
|
nondisclosure that is filed on or after the effective date of this |
|
Act, regardless of whether the misdemeanor that is the subject of |
|
the petition occurred before, on, or after the effective date of |
|
this Act. |
|
SECTION 20. The changes in law made by this Act in amending |
|
Section 15, Article 42.12, Code of Criminal Procedure, and adding |
|
Section 12.44(c), Penal Code, apply only to a defendant who is |
|
placed on community supervision for an offense committed on or |
|
after the effective date of this Act. A defendant who is placed on |
|
community supervision for an offense committed before the effective |
|
date of this Act is governed by the law in effect on the date the |
|
offense was committed, and the former law is continued in effect for |
|
that purpose. For purposes of this section, an offense was |
|
committed before the effective date of this Act if any element of |
|
the offense occurred before that date. |
|
SECTION 21. This Act takes effect September 1, 2015. |
|
|
|
* * * * * |