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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for expunction for certain defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1a, Article 55.02, Code of Criminal |
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Procedure, is amended by amending Subsection (a) and adding |
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Subsection (a-1) to read as follows: |
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(a) The trial court presiding over a case in which a person |
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[defendant] is entitled to expunction under Article 55.01(a) |
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[convicted and subsequently granted relief or pardoned on the basis
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of actual innocence of the offense of which the defendant was
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convicted], if the trial court is a district court, or a district |
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court in the county in which the trial court is located shall enter |
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an order of expunction for the [a] person [entitled to expunction
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under Article 55.01(a)(1)(B)(ii)] not later than the 30th day after |
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the date the person first becomes entitled to expunction based on a |
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circumstance described under that subsection [court receives
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notice of the pardon or other grant of relief]. |
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(a-1) The person entitled to expunction shall provide to the |
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district court all of the information required in a petition for |
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expunction under Section 2(b). |
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SECTION 2. Sections 2(a) and (d), Article 55.02, Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) A person who is [entitled to expunction of records and
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files under Article 55.01(a)(1)(B)(i) or 55.01(a)(2) or a person
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who is] eligible for expunction of records and files under Article |
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55.01(b) may file an ex parte petition for expunction in a district |
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court for the county in which: |
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(1) the petitioner was arrested; or |
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(2) the offense was alleged to have occurred. |
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(d) If the court finds that the petitioner, or a person for |
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whom an ex parte petition is filed under Subsection (e), is entitled |
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to expunction of any records and files that are the subject of the |
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petition, the court [it] shall enter an order directing expunction. |
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If the court finds that the petitioner or person is eligible for |
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expunction of any records and files that are the subject of the |
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petition, the court may enter an order directing expunction. |
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SECTION 3. Section 5(a), Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Except as provided by Subsections (f) and (g), on |
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receipt of the order, each official or agency or other governmental |
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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 in cases other than cases in |
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which a person was convicted and subsequently granted relief or |
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pardoned on the basis of actual innocence of the offense of which |
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the person was convicted, obliterate [those described by Section
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1a], if removal is impracticable, [obliterate] all portions of the |
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record or file that identify the person who is the subject of the |
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order and notify the court of its 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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SECTION 4. Section 1, Article 55.02, Code of Criminal |
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Procedure, is repealed. |
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SECTION 5. (a) This Act applies to the expunction of arrest |
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records and files for a person whose entitlement to expunction |
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under Article 55.01(a), Code of Criminal Procedure, arises before, |
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on, or after the effective date of this Act, regardless of when the |
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underlying arrest occurred. |
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(b) For a person whose entitlement to expunction under |
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Article 55.01(a), Code of Criminal Procedure, arises before the |
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effective date of this Act, notwithstanding the 30-day time limit |
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provided for the court to enter an automatic order of expunction |
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under Section 1a(a), Article 55.02, Code of Criminal Procedure, as |
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amended by this Act, the court shall enter an order of expunction |
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for the person as soon as practicable after the court receives |
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written notice from any party to the case about the person's |
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entitlement to the expunction. |
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SECTION 6. This Act takes effect September 1, 2015. |