| 1 | 1 | | 81R14618 SJM-F |
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| 2 | 2 | | By: Moody H.B. No. 2864 |
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| 3 | 3 | | Substitute the following for H.B. No. 2864: |
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| 4 | 4 | | By: Gallego C.S.H.B. No. 2864 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a waiver of fees imposed for certain expunctions. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 102.006, Code of Criminal Procedure, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Art. 102.006. FEES IN EXPUNCTION PROCEEDINGS. (a) In |
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| 14 | 14 | | addition to any other fees required by other law and except as |
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| 15 | 15 | | provided by Subsection (b), a petitioner seeking expunction of a |
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| 16 | 16 | | criminal record shall pay the following fees: |
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| 17 | 17 | | (1) the fee charged for filing an ex parte petition in |
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| 18 | 18 | | a civil action in district court; |
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| 19 | 19 | | (2) $1 plus postage for each certified mailing of |
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| 20 | 20 | | notice of the hearing date; and |
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| 21 | 21 | | (3) $2 plus postage for each certified mailing of |
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| 22 | 22 | | certified copies of an order of expunction. |
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| 23 | 23 | | (b) The fees under Subsection (a) shall be waived if: |
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| 24 | 24 | | (1) the petitioner seeks expunction of a criminal |
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| 25 | 25 | | record that relates to an arrest for an offense of which the person |
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| 26 | 26 | | was acquitted, other than an acquittal for an offense described by |
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| 27 | 27 | | Article 55.01(c); and |
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| 28 | 28 | | (2) the petition for expunction is filed not later |
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| 29 | 29 | | than the 30th day after the date of the acquittal. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies only |
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| 31 | 31 | | to a petition for expunction filed on or after the effective date of |
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| 32 | 32 | | this Act. A petition for expunction filed before the effective date |
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| 33 | 33 | | of this Act is governed by the law in effect on the date the petition |
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| 34 | 34 | | was filed, and the former law is continued in effect for that |
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| 35 | 35 | | purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2009. |
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