81R10684 JSC-D
By: Edwards H.B. No. 3212
A BILL TO BE ENTITLED
AN ACT
relating to the automatic expunction of certain criminal records;
increasing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. (a) The [At the request of the defendant and after
notice to the state, the] trial court [presiding over the case in
which the defendant was acquitted, if the trial court is a district
court, or a district court in the county in which the trial court is
located] shall enter an order of expunction for a person entitled to
expunction because:
(1) the person was acquitted;
(2) the person was pardoned; or
(3) the offense was dismissed for a reason described
by Article 55.01(a)(2)(A)(ii) [under Article 55.01(a)(1)(A) not
later than the 30th day after the date of the acquittal. Upon
acquittal, the trial court shall advise the defendant of the right
to expunction. The defendant shall provide to the district court
all of the information required in a petition for expunction under
Section 2(b). The attorney for the defendant in the case in which
the defendant was acquitted, if the defendant was represented by
counsel, or the attorney for the state, if the defendant was not
represented by counsel, shall prepare the order for the court's
signature].
(b) The attorney representing the state whose office
prosecuted or would have prosecuted the offense shall prepare the
order of expunction for the court's signature under this section.
(c) The court shall enter an order of expunction under this
section not later than the 30th day after the date of acquittal,
pardon, or dismissal. The court shall include in the order a
listing of each official, agency, or other entity of this state or
political subdivision of this state and each private entity that
there is reason to believe has any record or file that is subject to
the order.
SECTION 2. Section 3, Article 55.04, Code of Criminal
Procedure, is amended to read as follows:
Sec. 3. An offense under this article is a Class A [B]
misdemeanor.
SECTION 3. (a) Article 55.02, Code of Criminal Procedure,
as amended by this Act, applies only to the expunction of arrest
records related to:
(1) a criminal offense for which an acquittal occurred
on or after the effective date of this Act;
(2) a charge for an offense that was dismissed on or
after the effective date of this Act; or
(3) an arrest made on or after the effective date of
this Act.
(b) Expunction for an acquittal, dismissal, or arrest that
occurred before the effective date of this Act is governed by the
law in effect at that time, and the former law is continued in
effect for that purpose.
SECTION 4. Article 55.04, Code of Criminal Procedure, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is covered by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2009.