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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 for and issuance of |
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orders of nondisclosure for certain persons without the necessity |
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of filing a petition; imposing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.051(e), Code of Criminal Procedure, |
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is amended to read as follows: |
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(e) Regardless of whether the person has filed a petition |
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for expunction, a court that dismisses [Records relating to] a |
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complaint under [dismissed as provided by] this article shall order |
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the conviction, complaints, verdicts, sentences, and other |
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documents relating to the offense, including any documents in the |
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possession of a law enforcement agency, to [may] be expunged from |
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the person's record [under Article 55.01]. After entry of the |
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order, the person is released from all disabilities resulting from |
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the [If a] complaint [is] dismissed under this article, [there is
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not a final conviction] and the complaint may not be shown or made |
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known [used against the person] for any purpose. |
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SECTION 2. Article 45.053(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) Regardless of whether the person has filed a petition |
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for expunction, a court that dismisses [Records relating to] a |
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complaint [dismissed] under this article shall order the |
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conviction, complaints, verdicts, sentences, and other documents |
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relating to the offense, including any documents in the possession |
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of a law enforcement agency, to [may] be expunged from the person's |
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record [under Article 55.01 of this code]. After entry of the |
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order, the person is released from all disabilities resulting from |
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the [If a] complaint [is] dismissed under this article, [there is
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not a final conviction] and the complaint may not be shown or made |
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known [used against the person] for any purpose. |
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SECTION 3. 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. The [At the request of the defendant and after
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notice to the state, the] trial court presiding over the case in |
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which the person [defendant] was acquitted, if the trial court is a |
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district court, or a district court in the county in which the trial |
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court is located shall enter an order of expunction for a person |
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entitled to expunction under Article 55.01(a)(1)(A) not later than |
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the 30th day after the date of the acquittal. [Upon acquittal, the
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trial court shall advise the defendant of the right to expunction.
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The defendant shall provide to the district court all of the
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information required in a petition for expunction under Section
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2(b).] The person's attorney [for the defendant] in the case in |
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which the person [defendant] was acquitted, if the acquitted person |
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[defendant] was represented by counsel, or the attorney for the |
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state, if the acquitted person [defendant] was not represented by |
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counsel, shall prepare the order for the court's signature. If the |
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trial court is not a district court, the trial court shall forward |
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the proposed order, and all information required in a petition for |
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expunction under Section 2(b), to a district court in the county to |
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proceed in the manner provided by this section. |
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SECTION 4. 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) On behalf of a [A] person who is entitled to expunction |
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of records and files under Article 55.01(a)(1)(B)(i) or 55.01(a)(2) |
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or a person who is eligible for expunction of records and files |
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under Article 55.01(b), not later than the 90th day after the date |
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the person becomes entitled to or eligible for expunction, the |
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attorney representing the state whose office prosecuted or would |
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have prosecuted the offense or who is recommending expunction under |
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Article 55.01(b)(2), as applicable, shall [may] file an ex parte |
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petition for 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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(d) If the court finds that [the petitioner, or] a person |
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for whom an ex parte petition is filed under this section |
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[Subsection (e),] is entitled to expunction of any records and |
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files that are the subject of the petition, it shall enter an order |
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directing expunction. |
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SECTION 5. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Section 411.0738 to read as follows: |
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Sec. 411.0738. ENTRY OF ORDER WITHOUT PETITION. (a) This |
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section applies to a person who is eligible for an order of |
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nondisclosure of criminal history record information under this |
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subchapter, other than a person who is eligible for the order under |
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Section 411.072. |
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(b) Notwithstanding any other provision of this subchapter |
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or Subchapter F, as soon as practicable after the date on which a |
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person described by Subsection (a) becomes eligible to file a |
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petition under this subchapter, the court in which the person was |
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convicted or that placed the person on deferred adjudication |
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community supervision shall, without requiring the person to file a |
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petition, determine whether the person satisfies the requirements |
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of Section 411.074 to receive an order of nondisclosure under this |
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subchapter. |
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(c) If the court makes a finding that the requirements of |
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Section 411.074 are satisfied, the court shall notify the person |
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that an action for an order of nondisclosure of criminal history |
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record information is pending under this subchapter and provide the |
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person with instructions on providing any necessary evidence and |
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paying the fee. |
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(d) The person shall present to the court any evidence |
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requested by the court that is necessary to establish that the |
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person is eligible to receive an order of nondisclosure of criminal |
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history record information under this section. |
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(e) The person must pay a $28 fee to the clerk of the court |
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before the court issues the order. |
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(f) On receipt of any information requested under |
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Subsection (d) and the fee required under Subsection (e), the court |
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shall issue an order of nondisclosure of criminal history record |
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information under this subchapter prohibiting criminal justice |
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agencies from disclosing to the public criminal history record |
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information related to the offense for which the person was |
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convicted or giving rise to the deferred adjudication community |
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supervision. |
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SECTION 6. Articles 45.051 and 45.053, Code of Criminal |
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Procedure, as amended by this Act, apply to a charge that is |
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dismissed on or after the effective date of this Act, regardless of |
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whether the underlying offense occurred before, on, or after that |
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date. |
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SECTION 7. (a) Section 1, Article 55.02, Code of Criminal |
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Procedure, as amended by this Act, applies to the expunction of |
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arrest records and files for a person entitled to that expunction |
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under Article 55.01(a)(1)(A), Code of Criminal Procedure, 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 who is entitled to expunction under Article |
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55.01(a)(1)(A), Code of Criminal Procedure, based on an acquittal |
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that occurred before the effective date of this Act, |
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notwithstanding the 30-day time limit provided for the court to |
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enter an automatic order of expunction under Section 1, Article |
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55.02, Code of Criminal Procedure, as amended by this Act, the court |
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shall enter an order of expunction for the person as soon as |
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practicable after the court receives written notice from any party |
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to the case about the person's entitlement to the expunction. |
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SECTION 8. Sections 2(a) and (d), Article 55.02, Code of |
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Criminal Procedure, as amended by this Act, apply only to an arrest |
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that occurs on or after the effective date of this Act. |
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SECTION 9. Section 411.0738, Government Code, as added by |
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this Act, applies to a person who becomes eligible for an order of |
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nondisclosure of criminal history record information on or after |
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the effective date of this Act, regardless of whether the |
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underlying offense that is the subject of the criminal history |
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record information occurred before, on, or after that date. |
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SECTION 10. This Act takes effect September 1, 2017. |