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A BILL TO BE ENTITLED
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AN ACT
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relating to the automatic expunction of arrest records and files |
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after certain controlled substance offense charges are dismissed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A person who has been placed under a custodial or |
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noncustodial arrest for commission of either a felony or |
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misdemeanor is entitled to have all records and files relating to |
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the arrest expunged if: |
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(1) the person is tried for the offense for which the |
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person was arrested and is: |
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(A) acquitted by the trial court, except as |
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provided by Subsection (c); |
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(B) convicted and subsequently: |
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(i) pardoned for a reason other than that |
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described by Subparagraph (ii); or |
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(ii) pardoned or otherwise granted relief |
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on the basis of actual innocence with respect to that offense, if |
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the applicable pardon or court order clearly indicates on its face |
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that the pardon or order was granted or rendered on the basis of the |
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person's actual innocence; or |
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(C) convicted of an offense committed before |
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September 1, 2021, under Section 46.02(a), Penal Code, as that |
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section existed before that date; or |
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(2) the person has been released and the charge, if |
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any, has not resulted in a final conviction and is no longer pending |
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and there was no court-ordered community supervision under Chapter |
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42A for the offense, unless the offense is a Class C misdemeanor, |
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provided that: |
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(A) regardless of whether any statute of |
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limitations exists for the offense and whether any limitations |
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period for the offense has expired, an indictment or information |
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charging the person with the commission of a misdemeanor offense |
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based on the person's arrest or charging the person with the |
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commission of any felony offense arising out of the same |
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transaction for which the person was arrested: |
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(i) has not been presented against the |
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person at any time following the arrest, and: |
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(a) at least 180 days have elapsed |
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from the date of arrest if the arrest for which the expunction was |
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sought was for an offense punishable as a Class C misdemeanor and if |
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there was no felony charge arising out of the same transaction for |
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which the person was arrested; |
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(b) at least one year has elapsed from |
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the date of arrest if the arrest for which the expunction was sought |
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was for an offense punishable as a Class B or A misdemeanor and if |
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there was no felony charge arising out of the same transaction for |
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which the person was arrested; |
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(c) at least three years have elapsed |
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from the date of arrest if the arrest for which the expunction was |
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sought was for an offense punishable as a felony or if there was a |
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felony charge arising out of the same transaction for which the |
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person was arrested; or |
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(d) the attorney representing the |
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state certifies that the applicable arrest records and files are |
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not needed for use in any criminal investigation or prosecution, |
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including an investigation or prosecution of another person; or |
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(ii) if presented at any time following the |
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arrest, was dismissed or quashed, and the court finds that the |
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indictment or information was dismissed or quashed because: |
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(a) the person completed a veterans |
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treatment court program created under Chapter 124, Government Code, |
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or former law, subject to Subsection (a-3); |
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(b) the person completed a mental |
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health court program created under Chapter 125, Government Code, or |
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former law, subject to Subsection (a-4); |
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(c) the person completed a pretrial |
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intervention program authorized under Section 76.011, Government |
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Code, other than a veterans treatment court program created under |
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Chapter 124, Government Code, or former law, or a mental health |
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court program created under Chapter 125, Government Code, or former |
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law; |
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(d) the person is charged solely with |
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an offense under Subchapter D, Chapter 481, Health and Safety Code, |
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involving the manufacture, delivery, or possession of a controlled |
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substance and a laboratory analysis of the suspected controlled |
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substance finds no presence of a controlled substance; |
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(e) the presentment had been made |
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because of mistake, false information, or other similar reason |
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indicating absence of probable cause at the time of the dismissal to |
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believe the person committed the offense; or |
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(f) [(e)] the indictment or |
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information was void; or |
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(B) prosecution of the person for the offense for |
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which the person was arrested is no longer possible because the |
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limitations period has expired. |
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SECTION 2. Section 1a, Article 55.02, Code of Criminal |
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Procedure, is amended by adding Subsection (a-3) to read as |
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follows: |
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(a-3) A trial court dismissing a case following a laboratory |
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analysis of a suspected controlled substance that finds no presence |
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of a controlled substance, if the trial court is a district court, |
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or a district court in the county in which the trial court is |
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located shall enter an order of expunction for a person entitled to |
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expunction under Article 55.01(a)(2)(A)(ii)(d) not later than the |
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30th day after the date the court dismisses the case or receives the |
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information regarding that dismissal, as applicable. |
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Notwithstanding any other law, a court that enters an order for |
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expunction under this subsection may not charge any fee or assess |
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any cost for the expunction. |
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SECTION 3. Article 102.006(b-1), Code of Criminal |
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Procedure, is amended to read as follows: |
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(b-1) The fees under Subsection (a) shall be waived if the |
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petitioner is entitled to expunction: |
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(1) under Article 55.01(a)(2)(A)(ii)(a) after |
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successful completion of a veterans treatment court program created |
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under Chapter 124, Government Code, or former law; [or] |
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(2) under Article 55.01(a)(2)(A)(ii)(b) after |
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successful completion of a mental health court program created |
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under Chapter 125, Government Code, or former law; or |
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(3) under Article 55.01(a)(2)(A)(ii)(d). |
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SECTION 4. (a) This Act applies only to the expunction of |
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arrest records related to: |
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(1) a charge for an offense that was dismissed on or |
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after the effective date of this Act; or |
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(2) an arrest made on or after the effective date of |
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this Act. |
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(b) Expunction for a dismissal or arrest that occurred |
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before the effective date of this Act is governed by the law in |
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effect at that time, and the former law is continued in effect for |
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that purpose. |
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(c) The change in law made by this Act to Article 102.006, |
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Code of Criminal Procedure, applies to the fees charged or costs |
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assessed for an expunction order entered on or after the effective |
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date of this Act. |
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(d) For a person who is entitled to expunction under Article |
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55.01(a)(2)(A)(ii)(d), Code of Criminal Procedure, as amended by |
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this Act, before the effective date of this Act, notwithstanding |
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the 30-day time limit provided for the court to enter an automatic |
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order of expunction under Section 1a(a-3), Article 55.02, Code of |
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Criminal Procedure, as added by this Act, the court shall enter an |
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order of expunction for the person as soon as practicable after the |
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court receives written notice from any party to the case about the |
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person's entitlement to the expunction. |
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SECTION 5. This Act takes effect September 1, 2023. |
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