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A BILL TO BE ENTITLED
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AN ACT
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relating to the automatic expunction of arrest records and files |
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for certain veterans and the waiver of fees and costs charged for |
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the expunction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A person who has been placed under a custodial or |
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noncustodial arrest for commission of either a felony or |
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misdemeanor is entitled to have all records and files relating to |
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the arrest expunged if: |
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(1) the person is tried for the offense for which the |
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person was arrested and is: |
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(A) acquitted by the trial court, except as |
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provided by Subsection (c); or |
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(B) convicted and subsequently: |
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(i) pardoned for a reason other than that |
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described by Subparagraph (ii); or |
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(ii) pardoned or otherwise granted relief |
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on the basis of actual innocence with respect to that offense, if |
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the applicable pardon or court order clearly indicates on its face |
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that the pardon or order was granted or rendered on the basis of the |
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person's actual innocence; or |
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(2) the person has been released and the charge, if |
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any, has not resulted in a final conviction and is no longer pending |
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and there was no court-ordered community supervision under Chapter |
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42A for the offense, unless the offense is a Class C misdemeanor, |
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provided that: |
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(A) regardless of whether any statute of |
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limitations exists for the offense and whether any limitations |
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period for the offense has expired, an indictment or information |
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charging the person with the commission of a misdemeanor offense |
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based on the person's arrest or charging the person with the |
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commission of any felony offense arising out of the same |
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transaction for which the person was arrested: |
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(i) has not been presented against the |
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person at any time following the arrest, and: |
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(a) at least 180 days have elapsed |
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from the date of arrest if the arrest for which the expunction was |
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sought was for an offense punishable as a Class C misdemeanor and if |
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there was no felony charge arising out of the same transaction for |
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which the person was arrested; |
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(b) at least one year has elapsed from |
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the date of arrest if the arrest for which the expunction was sought |
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was for an offense punishable as a Class B or A misdemeanor and if |
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there was no felony charge arising out of the same transaction for |
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which the person was arrested; |
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(c) at least three years have elapsed |
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from the date of arrest if the arrest for which the expunction was |
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sought was for an offense punishable as a felony or if there was a |
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felony charge arising out of the same transaction for which the |
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person was arrested; or |
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(d) the attorney representing the |
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state certifies that the applicable arrest records and files are |
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not needed for use in any criminal investigation or prosecution, |
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including an investigation or prosecution of another person; or |
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(ii) if presented at any time following the |
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arrest, was dismissed or quashed, and the court finds that the |
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indictment or information was dismissed or quashed because: |
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(a) the person completed a veterans |
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treatment court program created under Chapter 124, Government Code, |
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or former law; |
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(b) the person completed a pretrial |
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intervention program authorized under Section 76.011, Government |
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Code, other than a veterans treatment court program created under |
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Chapter 124, Government Code, or former law; |
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(c) [because] the presentment had |
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been made because of mistake, false information, or other similar |
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reason indicating absence of probable cause at the time of the |
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dismissal to believe the person committed the offense; or |
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(d) [, or because] the indictment or |
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information was void; or |
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(B) prosecution of the person for the offense for |
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which the person was arrested is no longer possible because the |
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limitations period has expired. |
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SECTION 2. Section 1a, Article 55.02, Code of Criminal |
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Procedure, is amended by adding Subsection (a-1) to read as |
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follows: |
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(a-1) A trial court dismissing a case following a person's |
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successful completion of a veterans treatment court program created |
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under Chapter 124, Government Code, or former law, if the trial |
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court is a district court, or a district court in the county in |
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which the trial court is located shall enter an order of expunction |
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for a person entitled to expunction under Article |
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55.01(a)(2)(A)(ii)(a) not later than the 30th day after the date |
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the court dismisses the case or receives the information regarding |
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that dismissal, as applicable. Notwithstanding any other law, a |
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court that enters an order for expunction under this subsection may |
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not charge any fee or assess any cost for the expunction. |
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SECTION 3. Section 2(a), Article 55.02, Code of Criminal |
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Procedure, is 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 under Article |
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55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), 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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SECTION 4. Article 102.006(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) The fees under Subsection (a) shall be waived if[:
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[(1)] the petitioner: |
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(1) seeks expunction of a criminal record that relates |
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to an arrest for an offense of which the person was acquitted, other |
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than an acquittal for an offense described by Article 55.01(c), [;] |
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and |
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[(2)] the petition for expunction is filed not later |
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than the 30th day after the date of the acquittal; or |
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(2) is entitled to expunction under Article |
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55.01(a)(2)(A)(ii)(a) after successful completion of a veterans |
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treatment court program created under Chapter 124, Government Code, |
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or former law. |
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SECTION 5. Section 124.001(b), Government Code, is amended |
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to read as follows: |
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(b) If a defendant successfully completes a veterans |
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treatment court program, after notice to the attorney representing |
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the state and a hearing in the veterans treatment court at which |
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that court determines that a dismissal is in the best interest of |
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justice, the veterans treatment court shall provide to the court in |
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which the criminal case is pending information about the dismissal |
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and shall include all of the information required about the |
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defendant for a petition for expunction under Section 2(b), Article |
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55.02, Code of Criminal Procedure. The court in which the criminal |
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case is pending shall dismiss the case against the defendant and: |
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(1) if that trial court is a district court, the court |
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shall enter an order of expunction on behalf of the defendant under |
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Section 1a(a-1), Article 55.02, Code of Criminal Procedure; or |
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(2) if that trial court is not a district court, the |
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court shall forward the appropriate dismissal and expunction |
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information to a district court with jurisdiction to enter an order |
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of expunction on behalf of the defendant under Section 1a(a-1), |
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Article 55.02, Code of Criminal Procedure. |
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SECTION 6. (a) Except as provided by Subsection (b) of |
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this section, this Act applies to the expunction of arrest records |
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and files for a person who successfully completes a veterans |
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treatment court program under Chapter 124, Government Code, or |
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former law before, on, or after the effective date of this Act, |
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regardless of when the underlying arrest occurred. |
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(b) The change in law made by this Act to Article 102.006, |
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Code of Criminal Procedure, applies to the fees charged or costs |
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assessed for an expunction order entered on or after the effective |
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date of this Act, regardless of whether the underlying arrest |
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occurred before, on, or after the effective date of this Act. |
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(c) For a person who is entitled to expunction under Article |
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55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by |
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this Act, based on a successful completion of a veterans treatment |
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court program under Chapter 124, Government Code, or former law |
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before the effective date of this Act, notwithstanding the 30-day |
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time limit provided for the court to enter an automatic order of |
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expunction under Section 1a(a-1), Article 55.02, Code of Criminal |
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Procedure, as added by this Act, the court shall enter an order of |
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expunction for the person as soon as practicable after the court |
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receives written notice from any party to the case about the |
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person's entitlement to the expunction. |
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SECTION 7. This Act takes effect September 1, 2017. |