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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of arrest records and files relating to |
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an offense punishable by fine only; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) Except as provided by Subsection (c) and subject to |
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Subsection (b-1), a district court, a justice court, or a municipal |
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court of record may expunge all records and files relating to the |
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arrest of a person [who has been arrested for commission of a felony
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or misdemeanor] under the procedure established under Article 55.02 |
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if: |
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(1) the person is: |
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(A) tried for the offense for which the person |
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was arrested; |
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(B) convicted of the offense; and |
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(C) acquitted by the court of criminal appeals |
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or, if the period for granting a petition for discretionary review |
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has expired, by a court of appeals; or |
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(2) an office of the attorney representing the state |
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authorized by law to prosecute the offense for which the person was |
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arrested recommends the expunction to the [appropriate district] |
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court before the person is tried for the offense, regardless of |
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whether an indictment or information has been presented against the |
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person in relation to the offense. |
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(b-1) A justice court or a municipal court of record may |
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only expunge records and files under Subsection (b) that relate to |
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the arrest of a person for an offense punishable by fine only. |
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SECTION 2. 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, the trial court presiding over the |
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case in which the person [defendant] was acquitted, if the trial |
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court is a district court, a justice court, or a municipal court of |
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record, or a district court in the county in which the trial court |
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is located shall enter an order of expunction for a person entitled |
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to expunction under Article 55.01(a)(1)(A) not later than the 30th |
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day after the date of the acquittal. On [Upon] acquittal, the trial |
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court shall advise the acquitted person [defendant] of the right to |
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expunction. The acquitted person [defendant] 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). 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, shall prepare the order for the court's |
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signature. |
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SECTION 3. Section 1a(a), Article 55.02, Code of Criminal |
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Procedure, is amended 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 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 [defendant] was convicted, if the trial court is a |
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district court, a justice court, or a municipal court of record, or |
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a district court in the county in which the trial court is located |
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shall enter an order of expunction for a person entitled to |
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expunction under Article 55.01(a)(1)(B)(ii) not later than the 30th |
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day after the date the court receives notice of the pardon or other |
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grant of relief. The person shall provide to the [district] court |
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all of the information required in a petition for expunction under |
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Section 2(b). |
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SECTION 4. Section 2, Article 55.02, Code of Criminal |
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Procedure, is amended by amending Subsections (a) and (b) and |
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adding Subsection (a-1) 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)(A), 55.01(a)(1)(B)(i), or |
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55.01(a)(2) or a person who is eligible for expunction of records |
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and files under Article 55.01(b) may file an ex parte petition for |
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expunction in a district 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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(a-1) If the arrest for which expunction is sought is for an |
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offense punishable by fine only, a person who is entitled to |
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expunction of records and files under Article 55.01(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 justice |
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court or a municipal court of record in 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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(b) A [The] petition filed under Subsection (a) or (a-1) |
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must be verified and must include the following or an explanation |
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for why one or more of the following is 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 arrest; |
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(2) the offense charged against the petitioner; |
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(3) the date the offense charged against the |
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petitioner was alleged to have been committed; |
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(4) the date the petitioner was arrested; |
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(5) the name of the county where the petitioner was |
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arrested and if the arrest occurred in a municipality, the name of |
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the municipality; |
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(6) the name of the agency that arrested the |
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petitioner; |
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(7) the case number and court of offense; and |
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(8) 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, jails or other |
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detention facilities, magistrates, courts, prosecuting attorneys, |
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correctional facilities, central state depositories of criminal |
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records, and other officials or agencies or other entities of this |
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state or of any political subdivision of this state; |
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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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SECTION 5. Article 102.006, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 102.006. FEES IN EXPUNCTION PROCEEDINGS. (a) In |
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addition to any other fees required by other law and except as |
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provided by Subsection (b), a petitioner seeking expunction of a |
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criminal record in a district court shall pay the following fees: |
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(1) the fee charged for filing an ex parte petition in |
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a civil action in district court; |
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(2) $1 plus postage for each certified mailing of |
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notice of the hearing date; and |
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(3) $2 plus postage for each certified mailing of |
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certified copies of an order of expunction. |
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(a-1) In addition to any other fees required by other law |
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and except as provided by Subsection (b), a petitioner seeking |
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expunction of a criminal record in a justice court or a municipal |
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court of record under Chapter 55 shall pay a fee of $100 for filing |
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an ex parte petition for expunction to defray the cost of notifying |
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state agencies of orders of expunction under that chapter. |
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(b) The fees under Subsection (a) or the fee under |
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Subsection (a-1), as applicable, shall be waived if: |
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(1) the petitioner seeks expunction of a criminal |
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record that relates to an arrest for an offense of which the person |
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was acquitted, other than an acquittal for an offense described by |
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Article 55.01(c); 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. |
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SECTION 6. Section 27.031, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A justice court has concurrent jurisdiction with a |
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district court and a municipal court of record over expunction |
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proceedings relating to the arrest of a person for an offense |
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punishable by fine only. |
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SECTION 7. Section 30.00005, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The court has concurrent jurisdiction with a district |
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court and a justice court over expunction proceedings relating to |
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the arrest of a person for an offense punishable by fine only. |
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SECTION 8. Subchapter B, Chapter 103, Government Code, is |
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amended by adding Section 103.02101 to read as follows: |
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Sec. 103.02101. ADDITIONAL FEE IN CERTAIN EXPUNCTION CASES: |
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CODE OF CRIMINAL PROCEDURE. A petitioner filing an ex parte |
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petition for expunction in a justice court or a municipal court of |
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record shall pay a fee under Article 102.006, Code of Criminal |
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Procedure, of $100 to defray the costs of notifying state agencies |
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of orders of expunction. |
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SECTION 9. Section 202.001(b), Local Government Code, is |
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amended to read as follows: |
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(b) The following records may be destroyed without meeting |
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the conditions of Subsection (a): |
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(1) records the destruction or obliteration of which |
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is directed by an expunction order issued by a [district] court |
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pursuant to state law; and |
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(2) records defined as exempt from scheduling or |
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filing requirements by rules adopted by the commission or listed as |
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exempt in a records retention schedule issued by the commission. |
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SECTION 10. This Act applies to an expunction of records and |
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files relating to any criminal offense that occurred before, on, or |
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after the effective date of this Act. |
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SECTION 11. This Act takes effect September 1, 2017. |