| 1 | 1 | | 81R10684 JSC-D |
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| 2 | 2 | | By: Edwards H.B. No. 3212 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the automatic expunction of certain criminal records; |
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| 8 | 8 | | increasing a penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1, Article 55.02, Code of Criminal |
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| 11 | 11 | | Procedure, is amended to read as follows: |
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| 12 | 12 | | Sec. 1. (a) The [At the request of the defendant and after |
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| 13 | 13 | | notice to the state, the] trial court [presiding over the case in |
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| 14 | 14 | | which the defendant was acquitted, if the trial court is a district |
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| 15 | 15 | | court, or a district court in the county in which the trial court is |
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| 16 | 16 | | located] shall enter an order of expunction for a person entitled to |
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| 17 | 17 | | expunction because: |
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| 18 | 18 | | (1) the person was acquitted; |
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| 19 | 19 | | (2) the person was pardoned; or |
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| 20 | 20 | | (3) the offense was dismissed for a reason described |
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| 21 | 21 | | by Article 55.01(a)(2)(A)(ii) [under Article 55.01(a)(1)(A) not |
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| 22 | 22 | | later than the 30th day after the date of the acquittal. Upon |
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| 23 | 23 | | acquittal, the trial court shall advise the defendant of the right |
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| 24 | 24 | | to expunction. The defendant shall provide to the district court |
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| 25 | 25 | | all of the information required in a petition for expunction under |
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| 26 | 26 | | Section 2(b). The attorney for the defendant in the case in which |
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| 27 | 27 | | the defendant was acquitted, if the defendant was represented by |
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| 28 | 28 | | counsel, or the attorney for the state, if the defendant was not |
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| 29 | 29 | | represented by counsel, shall prepare the order for the court's |
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| 30 | 30 | | signature]. |
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| 31 | 31 | | (b) The attorney representing the state whose office |
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| 32 | 32 | | prosecuted or would have prosecuted the offense shall prepare the |
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| 33 | 33 | | order of expunction for the court's signature under this section. |
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| 34 | 34 | | (c) The court shall enter an order of expunction under this |
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| 35 | 35 | | section not later than the 30th day after the date of acquittal, |
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| 36 | 36 | | pardon, or dismissal. The court shall include in the order a |
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| 37 | 37 | | listing of each official, agency, or other entity of this state or |
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| 38 | 38 | | political subdivision of this state and each private entity that |
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| 39 | 39 | | there is reason to believe has any record or file that is subject to |
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| 40 | 40 | | the order. |
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| 41 | 41 | | SECTION 2. Section 3, Article 55.04, Code of Criminal |
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| 42 | 42 | | Procedure, is amended to read as follows: |
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| 43 | 43 | | Sec. 3. An offense under this article is a Class A [B] |
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| 44 | 44 | | misdemeanor. |
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| 45 | 45 | | SECTION 3. (a) Article 55.02, Code of Criminal Procedure, |
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| 46 | 46 | | as amended by this Act, applies only to the expunction of arrest |
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| 47 | 47 | | records related to: |
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| 48 | 48 | | (1) a criminal offense for which an acquittal occurred |
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| 49 | 49 | | on or after the effective date of this Act; |
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| 50 | 50 | | (2) a charge for an offense that was dismissed on or |
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| 51 | 51 | | after the effective date of this Act; or |
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| 52 | 52 | | (3) an arrest made on or after the effective date of |
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| 53 | 53 | | this Act. |
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| 54 | 54 | | (b) Expunction for an acquittal, dismissal, or arrest that |
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| 55 | 55 | | occurred before the effective date of this Act is governed by the |
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| 56 | 56 | | law in effect at that time, and the former law is continued in |
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| 57 | 57 | | effect for that purpose. |
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| 58 | 58 | | SECTION 4. Article 55.04, Code of Criminal Procedure, as |
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| 59 | 59 | | amended by this Act, applies only to an offense committed on or |
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| 60 | 60 | | after the effective date of this Act. An offense committed before |
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| 61 | 61 | | the effective date of this Act is covered by the law in effect when |
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| 62 | 62 | | the offense was committed, and the former law is continued in effect |
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| 63 | 63 | | for that purpose. For purposes of this section, an offense was |
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| 64 | 64 | | committed before the effective date of this Act if any element of |
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| 65 | 65 | | the offense occurred before that date. |
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| 66 | 66 | | SECTION 5. This Act takes effect September 1, 2009. |
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