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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain wrongfully imprisoned |
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persons for compensation and for the expunction of arrest records |
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and files in the case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 103.001(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person is entitled to compensation if: |
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(1) the person has served in whole or in part a |
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sentence in prison under the laws of this state; and |
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(2) the person: |
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(A) has received a full pardon on the basis of |
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innocence for the crime for which the person was sentenced; |
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(B) has been granted relief in accordance with a |
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writ of habeas corpus that is based on a court finding or |
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determination that the person is actually innocent of the crime for |
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which the person was sentenced; [or] |
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(C) has been granted relief in accordance with a |
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writ of habeas corpus and: |
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(i) the state district court in which the |
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charge against the person was pending has entered an order |
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dismissing the charge; and |
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(ii) the district court's dismissal order |
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is based on a motion to dismiss in which the state's attorney states |
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that no credible evidence exists that inculpates the defendant and, |
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either in the motion or in an affidavit, the state's attorney states |
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that the state's attorney believes that the defendant is actually |
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innocent of the crime for which the person was sentenced; or |
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(D) has had all records and files relating to the |
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person's arrest for a crime expunged under Article 55A.101(c), Code |
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of Criminal Procedure. |
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SECTION 2. Article 55A.101, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Except as provided by Article 55A.151, a district court |
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may expunge all records and files relating to the arrest of a person |
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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; and |
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(B) convicted of the offense; |
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(2) the conviction is reversed on any grounds by the |
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court of criminal appeals or, if the period for granting a petition |
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for discretionary review has expired, by a court of appeals; and |
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(3) the office of the attorney representing the state |
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that prosecuted the offense for which the person was arrested |
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recommends the expunction to the court. |
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SECTION 3. (a) A person who meets the criteria of Section |
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103.001(a)(2)(D), Civil Practice and Remedies Code, as added by |
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this Act, and who has not received compensation under Chapter 103, |
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Civil Practice and Remedies Code, before the effective date of this |
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Act, may file an application for compensation under Subchapter B, |
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Chapter 103, Civil Practice and Remedies Code, not later than the |
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third anniversary of the effective date of this Act. |
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(b) The change in law made by this Act in adding Article |
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55A.101(c), Code of Criminal Procedure, applies to the expunction |
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of arrest records and files for any criminal offense that occurred |
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before, on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |