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A BILL TO BE ENTITLED
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AN ACT
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relating to the temporary confidentiality and automatic expunction |
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of records and files relating to certain nonviolent misdemeanor |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 55, Code of Criminal Procedure, is |
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amended by adding Article 55.07 to read as follows: |
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Art. 55.07. TEMPORARY CONFIDENTIALITY AND AUTOMATIC |
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EXPUNCTION OF CERTAIN RECORDS AND FILES. (a) This article applies |
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to a case in which the most serious offense that the defendant was |
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convicted of or placed on deferred adjudication community |
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supervision for was a nonviolent Class B or Class C misdemeanor. |
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(b) The trial court presiding over a case that the court |
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determines is subject to this article shall order that all records |
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and files relating to the arrest and prosecution be kept |
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confidential and not be disclosed to the public. |
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(c) Records and files made confidential under this article |
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remain confidential until the expunction of those records and files |
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under Subsection (d) unless the defendant is arrested for or |
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charged with a violent offense before the expunction occurs. A |
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defendant who is arrested or charged as described by this |
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subsection is ineligible for automatic expunction under Subsection |
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(d) with respect to records and files in any Class B or Class C |
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misdemeanor case otherwise subject to this article. |
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(d) Records and files made confidential under this article |
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other than records and files for a defendant described by |
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Subsection (c) shall be automatically expunged by the trial court |
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not later than the 30th day after: |
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(1) the first anniversary of the date the defendant's |
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sentence was discharged or the defendant received a discharge and |
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dismissal under Chapter 42A, if the most serious offense that the |
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defendant was convicted of or placed on deferred adjudication |
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community supervision for was a Class C misdemeanor; or |
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(2) the second anniversary of the date the defendant's |
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sentence was discharged or the defendant received a discharge and |
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dismissal under Chapter 42A, if the most serious offense that the |
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defendant was convicted of or placed on deferred adjudication |
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community supervision for was a Class B misdemeanor. |
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SECTION 2. Article 55.07, Code of Criminal Procedure, as |
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added by this Act, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |