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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 of arrest records and |
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files for certain persons who are tried for an offense and |
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subsequently acquitted. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. At the request of the acquitted person [defendant] |
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and after notice to the state, or at the request of the attorney for |
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the state with the consent of the acquitted person, the trial court |
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presiding over the case in which the person [defendant] was |
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acquitted, 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 a person entitled to expunction under |
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Article 55.01(a)(1)(A) not later than the 30th day after the date of |
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the acquittal. On [Upon] acquittal, the trial court shall advise |
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the acquitted person [defendant] of the right to expunction. The |
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party requesting the order of expunction [defendant] shall provide |
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to the district court all of the information required in a petition |
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for expunction under Section 2(b). The attorney for the acquitted |
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person [defendant] in the case in which the person [defendant] was |
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acquitted, if the person [defendant] was represented by counsel, or |
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the attorney for the state, if the person [defendant] was not |
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represented by counsel or if the attorney for the state requested |
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the order of expunction, shall prepare the order for the court's |
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signature. |
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SECTION 2. The change in law made by this Act applies only |
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to the expunction of arrest records and files related to a criminal |
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offense for which the trial of the offense begins on or after the |
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effective date of this Act. The expunction of arrest records and |
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files related to a criminal offense for which the trial of the |
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offense begins before the effective date of this Act is governed by |
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the law in effect on the date the trial begins, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |