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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting a person's waiver of a right to an |
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expunction or to an order of nondisclosure of criminal history |
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record information with respect to a criminal offense. |
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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 adding Subsection (e) to read as follows: |
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(e) Notwithstanding Article 1.14(a), a person may not |
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waive, as part of an agreement regarding the disposition of |
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criminal charges based on the person's commission of an alleged |
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offense, any right of the person to an expunction under this chapter |
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that may exist in relation to that offense on or after the date the |
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waiver is signed, unless the waiver relates solely to arrest |
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records and files in the possession of the attorney representing |
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the state in the person's case. A purported waiver of that right |
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that is made in violation of this subsection is void. |
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SECTION 2. Section 4, Article 55.02, Code of Criminal |
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Procedure, is amended by adding Subsection (a-3) and amending |
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Subsection (b) to read as follows: |
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(a-3) The court shall provide in its expunction order that |
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the attorney representing the state may retain the arrest records |
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and files of a person who is the subject of the expunction order if |
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the person has signed a waiver authorized under Article 55.01(e). |
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(b) Unless the person who is the subject of the expunction |
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order is again arrested for or charged with an offense arising out |
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of the transaction for which the person was arrested or unless the |
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court provides for the retention of records and files under |
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Subsection (a-1), [or] (a-2), or (a-3), the provisions of Articles |
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55.03 and 55.04 apply to files and records retained under this |
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section. |
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SECTION 3. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Section 411.078 to read as follows: |
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Sec. 411.078. WAIVER OF RIGHT TO ORDER OF NONDISCLOSURE |
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PROHIBITED. Notwithstanding Article 1.14(a), Code of Criminal |
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Procedure, a person may not waive, as part of an agreement regarding |
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the disposition of criminal charges based on the person's |
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commission of an alleged offense, any right of the person to an |
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order of nondisclosure of criminal history record information under |
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this subchapter that may exist in relation to that offense on or |
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after the date the waiver is signed. A purported waiver of that |
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right is void. |
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SECTION 4. The changes in law made by this Act apply only to |
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a waiver of a person's right to an expunction or an order of |
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nondisclosure of criminal history record information made on or |
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after the effective date of this Act. A waiver made 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 waiver was made, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |