| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the expunction of all records and files related to a |
|
|
finding of criminal contempt by a court. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 55A, Code of Criminal |
|
|
Procedure, is amended by adding Article 55A.007 to read as follows: |
|
|
Art. 55A.007. CRIMINAL CONTEMPT. (a) Notwithstanding the |
|
|
limitation provided by Article 55A.001, a person who has been found |
|
|
in criminal contempt is entitled to the expunction of all records |
|
|
and files related to the contempt if a period of not less than 40 |
|
|
years has passed since the date on which the person was found in |
|
|
contempt. |
|
|
(b) For purposes of Subchapters F through J, a reference to |
|
|
"arrest" includes the taking into custody of a person found in |
|
|
criminal contempt. |
|
|
SECTION 2. Article 55A.251, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 55A.251. FILING OF PETITION. (a) A person who is |
|
|
entitled to expunction of records and files under Article 55A.002, |
|
|
55A.004, or 55A.005 or Subchapter B, or a person who is eligible for |
|
|
expunction of records and files under Article 55A.101, may, subject |
|
|
to Article 55A.252, file an ex parte petition for expunction in a |
|
|
district court for the county in which: |
|
|
(1) the petitioner was arrested; or |
|
|
(2) the offense was alleged to have occurred. |
|
|
(b) A person who is entitled to expunction of records and |
|
|
files under Article 55A.007 may file an ex parte petition for |
|
|
expunction in the court that found the person in contempt. |
|
|
SECTION 3. Article 55A.257, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION |
|
|
ON PERSON'S BEHALF. The director of the Department of Public Safety |
|
|
or the director's authorized representative may file on behalf of a |
|
|
person described by Article 55A.251(a) [55A.251] or 55A.256 an ex |
|
|
parte petition for expunction in a district court for the county in |
|
|
which: |
|
|
(1) the person was arrested; or |
|
|
(2) the offense was alleged to have occurred. |
|
|
SECTION 4. This Act applies to an expunction of arrest |
|
|
records and files relating to a finding of criminal contempt that |
|
|
occurred before, on, or after the effective date of this Act. |
|
|
SECTION 5. This Act takes effect September 1, 2025. |