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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 by a |
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statutory county court. |
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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-2) 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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Subsections [Subsection] (b-1) and (b-2), a district court, a |
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statutory county court, a justice court, or a municipal court of |
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record may expunge all records and files relating to the arrest of a |
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person under the procedure established under Article 55.02 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 court before the person |
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is tried for the offense, regardless of whether an indictment or |
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information has been presented against the person in relation to |
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the offense. |
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(b-2) A statutory county court may only expunge records and |
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files under Subsection (b) that relate to the arrest of a person for |
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an offense that is subject to the jurisdiction of a statutory county |
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court. |
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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 and after |
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notice to the state, or at the request of the attorney for the state |
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with the consent of the acquitted person, the trial court presiding |
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over the case in which the person was acquitted, if the trial court |
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is a district court, a statutory county court, a justice court, or a |
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municipal court of record, or a district court in the county in |
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which the trial court is located shall enter an order of expunction |
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for a person entitled to expunction under Article 55.01(a)(1)(A) |
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not later than the 30th day after the date of the acquittal. On |
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acquittal, the trial court shall advise the acquitted person of the |
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right to expunction. The party requesting the order of expunction |
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shall provide to the court all of the information required in a |
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petition for expunction under Section 2(b). The attorney for the |
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acquitted person in the case in which the person was acquitted, if |
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the person was represented by counsel, or the attorney for the |
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state, if the person was not represented by counsel or if the |
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attorney for the state requested the order of expunction, shall |
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prepare the order for the court's 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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is convicted and subsequently granted relief or pardoned on the |
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basis of actual innocence of the offense of which the person was |
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convicted, if the trial court is a district court, a statutory |
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county court, a justice court, or a municipal court of record, or a |
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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 court all of the |
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information required in a petition for expunction under Section |
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2(b). |
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SECTION 4. Section 2, Article 55.02, Code of Criminal |
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Procedure, is amended by adding Subsection (a-2) and amending |
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Subsection (b) to read as follows: |
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(a-2) If the arrest for which expunction is sought is for an |
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offense that is subject to the jurisdiction of a statutory county |
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court, a person who is entitled to expunction of records and files |
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under Article 55.01(a)(1)(A) or a person who is eligible for |
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expunction of records and files under Article 55.01(b) may file an |
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ex parte petition for expunction in a statutory county court in the |
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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 petition filed under Subsection (a), [or] (a-1), or |
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(a-2) must be verified and must include the following or an |
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explanation 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(a-1), Code of Criminal |
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Procedure, is amended to read as follows: |
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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 statutory county court, a |
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justice court, or a municipal court of record under Chapter 55 shall |
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pay a fee of $100 for filing an ex parte petition for expunction to |
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defray the cost of notifying state agencies of orders of expunction |
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under that chapter. |
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SECTION 6. Section 25.0003, Government Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) A statutory county court has concurrent jurisdiction |
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with a district court over expunction proceedings relating to the |
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arrest of a person for an offense that is subject to the |
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jurisdiction of a statutory county court. |
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SECTION 7. The change in law made by this Act applies to the |
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expunction of arrest records and files for any criminal offense |
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that occurred before, on, or after the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2023. |