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A BILL TO BE ENTITLED
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AN ACT
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relating to automatic expunction of arrest records and files for |
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certain persons who are tried for an offense and subsequently |
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acquitted and to the provision of certain records relating to that |
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expunction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55A.201, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (d) and adding Subsections |
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(e) and (f) to read as follows: |
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(a) An [At the request of the acquitted person and after |
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notice to the state, or at the request of the attorney representing |
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the state with the consent of the acquitted person, an] expunction |
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order shall be entered, not later than the 30th day after the date |
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of the acquittal, for a person entitled to expunction under Article |
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55A.002 by: |
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(1) the trial court presiding over the case in which |
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the person was acquitted, if the court is: |
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(A) a district court; |
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(B) a justice court; or |
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(C) a municipal court of record; or |
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(2) a district court in the county in which the trial |
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court is located. |
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(d) An expunction order under this article shall be prepared |
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for the court's signature by: |
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(1) the attorney for the acquitted person in the case |
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in which the person was acquitted, if the acquitted person was |
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represented by an attorney; or |
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(2) the attorney representing the state, if the person |
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was not represented by an attorney [or if the attorney representing |
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the state requested the order]. |
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(e) If the trial court is not a court described by |
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Subsection (a)(1), the trial court shall forward the proposed order |
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and all information required in a petition for expunction under |
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Article 55A.253 to a court described by Subsection (a)(2). |
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(f) A court that issues an expunction order under this |
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article shall provide to the person who is the subject of the order |
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a certified copy of: |
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(1) the order; and |
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(2) the court's case file, including all documents, |
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items, and information required to be disclosed to the person under |
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Article 39.14 and in the possession of the state at the time of the |
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order. |
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SECTION 2. Articles 55A.201(b) and (c), Code of Criminal |
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Procedure, are repealed. |
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SECTION 3. (a) This Act applies to the expunction of arrest |
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records and files for a person entitled to that expunction under |
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Article 55A.002, Code of Criminal Procedure, before, on, or after |
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the effective date of this Act, regardless of when the underlying |
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arrest occurred. |
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(b) For a person who is entitled to expunction under Article |
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55A.002, Code of Criminal Procedure, based on an acquittal that |
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occurred before the effective date of this Act, notwithstanding the |
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30-day time limit provided for the court to enter an automatic order |
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of expunction under Article 55A.201, Code of Criminal Procedure, as |
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amended by this Act, the court shall enter an order of expunction |
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for the person as soon as practicable after the court receives |
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written notice from any party to the case about the person's |
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entitlement to the expunction. |
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SECTION 4. This Act takes effect September 1, 2025. |