Texas 2009 - 81st Regular

Texas House Bill HB2059 Compare Versions

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1	1	81R9941 KEL-F
2	2	By: Gallego H.B. No. 2059
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain pretrial and post-trial procedures in a
8	8	criminal case.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 17.02, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a
13	13	written undertaking entered into by the defendant and the
14	14	defendant's [his] sureties for the appearance of the principal
15	15	therein before a [some] court or magistrate to answer a criminal
16	16	accusation; provided, however, that the defendant on [upon]
17	17	execution of the [such] bail bond may deposit with the custodian of
18	18	funds of the court in which the prosecution is pending current money
19	19	of the United States in the amount of the bond in lieu of having
20	20	sureties signing the same. Any cash funds deposited under this
21	21	article [Article] shall:
22	22	(1) be receipted for by the officer receiving the
23	23	funds; [same] and
24	24	(2) on order of the court, [shall] be refunded to the
25	25	defendant after the defendant:
26	26	(A) [if and when the defendant] complies with the
27	27	conditions of the defendant's [his] bond; and
28	28	(B) pays any court costs the court determines are
29	29	due [, and upon order of the court].
30	30	SECTION 2. Article 17.085, Code of Criminal Procedure, is
31	31	amended to read as follows:
32	32	Art. 17.085. NOTICE OF APPEARANCE DATE. The clerk of a
33	33	court that does not provide online Internet access to that court's
34	34	criminal case records shall post in a designated public place in the
35	35	courthouse notice of a prospective criminal court docket setting as
36	36	soon as the court notifies the clerk of the setting [not less than
37	37	48 hours before the docket setting].
38	38	SECTION 3. Article 20.22, Code of Criminal Procedure, is
39	39	amended to read as follows:
40	40	Art. 20.22. PRESENTMENT ENTERED OF RECORD. (a) The fact
41	41	of a presentment of indictment by a grand jury shall be entered in
42	42	[upon] the record of the court, if the defendant is in custody or
43	43	under bond, noting briefly the style of the criminal action, [and]
44	44	the file number of the indictment, and the defendant's name.
45	45	(b) If the defendant is not in custody or under bond at the
46	46	time of the presentment of indictment, the indictment may not be
47	47	made public and the entry in the record of the court relating to the
48	48	[said] indictment must [shall] be delayed until [such time as] the
49	49	capias is served and the defendant is placed in custody or under
50	50	bond.
51	51	SECTION 4. Sections 2(b) and (f), Article 55.02, Code of
52	52	Criminal Procedure, are amended to read as follows:
53	53	(b) The petition must be verified and must [shall] include
54	54	the following or an explanation for why one or more of the following
55	55	is not included:
56	56	(1) the petitioner's:
57	57	(A) full name;
58	58	(B) sex;
59	59	(C) race;
60	60	(D) date of birth;
61	61	(E) driver's license number;
62	62	(F) social security number; and
63	63	(G) address at the time of the arrest;
64	64	(2) the offense charged against the petitioner;
65	65	(3) the date the offense charged against the
66	66	petitioner was alleged to have been committed;
67	67	(4) the date the petitioner was arrested;
68	68	(5) the name of the county where the petitioner was
69	69	arrested and if the arrest occurred in a municipality, the name of
70	70	the municipality;
71	71	(6) the name of the agency that arrested the
72	72	petitioner;
73	73	(7) the case number and court of offense; and
74	74	(8) together with the applicable physical or e-mail
75	75	addresses, a list of all:
76	76	(A) law enforcement agencies, jails or other
77	77	detention facilities, magistrates, courts, prosecuting attorneys,
78	78	correctional facilities, central state depositories of criminal
79	79	records, and other officials or agencies or other entities of this
80	80	state or of any political subdivision of this state;
81	81	(B) central federal depositories of criminal
82	82	records that the petitioner has reason to believe have records or
83	83	files that are subject to expunction; and
84	84	(C) private entities that compile and
85	85	disseminate for compensation criminal history record information
86	86	that the petitioner has reason to believe have information related
87	87	to records or files that are subject to expunction.
88	88	(f) An ex parte petition filed under Subsection (e) must be
89	89	verified and must include the following or an explanation for why
90	90	one or more of the following is not included:
91	91	(1) the person's:
92	92	(A) full name;
93	93	(B) sex;
94	94	(C) race;
95	95	(D) date of birth;
96	96	(E) driver's license number;
97	97	(F) social security number; and
98	98	(G) address at the time of the arrest;
99	99	(2) the offense charged against the person;
100	100	(3) the date the offense charged against the person
101	101	was alleged to have been committed;
102	102	(4) the date the person was arrested;
103	103	(5) the name of the county where the person was
104	104	arrested and if the arrest occurred in a municipality, the name of
105	105	the municipality;
106	106	(6) the name of the agency that arrested the person;
107	107	(7) the case number and court of offense; and
108	108	(8) together with the applicable physical or e-mail
109	109	addresses, a list of all:
110	110	(A) law enforcement agencies, jails or other
111	111	detention facilities, magistrates, courts, prosecuting attorneys,
112	112	correctional facilities, central state depositories of criminal
113	113	records, and other officials or agencies or other entities of this
114	114	state or of any political subdivision of this state;
115	115	(B) central federal depositories of criminal
116	116	records that the person has reason to believe have records or files
117	117	that are subject to expunction; and
118	118	(C) private entities that compile and
119	119	disseminate for compensation criminal history record information
120	120	that the person has reason to believe have information relating to
121	121	records or files that are subject to expunction.
122	122	SECTION 5. Section 2a(c), Article 55.02, Code of Criminal
123	123	Procedure, is amended to read as follows:
124	124	(c) After verifying the allegations in an application
125	125	received under Subsection (a), the attorney representing the state
126	126	shall:
127	127	(1) include on the application information regarding
128	128	the arrest that was requested of the applicant but was unknown by
129	129	the applicant;
130	130	(2) forward a copy of the application to the district
131	131	court for the county;
132	132	(3) together with the applicable physical or e-mail
133	133	addresses, attach to the copy a list of all:
134	134	(A) law enforcement agencies, jails or other
135	135	detention facilities, magistrates, courts, prosecuting attorneys,
136	136	correctional facilities, central state depositories of criminal
137	137	records, and other officials or agencies or other entities of this
138	138	state or of any political subdivision of this state;
139	139	(B) central federal depositories of criminal
140	140	records that are reasonably likely to have records or files
141	141	containing information that is subject to expunction; and
142	142	(C) private entities that compile and
143	143	disseminate for compensation criminal history record information
144	144	that are reasonably likely to have records or files containing
145	145	information that is subject to expunction; and
146	146	(4) request the court to enter an order directing
147	147	expunction based on an entitlement to expunction under Article
148	148	55.01(d).
149	149	SECTION 6. (a) The change in law made by this Act in
150	150	amending Article 17.02, Code of Criminal Procedure, applies only to
151	151	a bail bond that is executed on or after the effective date of this
152	152	Act. A bail bond executed before the effective date of this Act is
153	153	governed by the law in effect when the bail bond was executed, and
154	154	the former law is continued in effect for that purpose.
155	155	(b) The changes in law made by this Act in amending Article
156	156	55.02, Code of Criminal Procedure, apply to any petition or
157	157	application for the expunction of arrest records and files that is
158	158	filed on or after the effective date of this Act, regardless of
159	159	whether the arrest occurred before, on, or after that date.
160	160	SECTION 7. This Act takes effect September 1, 2009.