By: Veasey, Hodge (Senate Sponsor - Harris) H.B. No. 3481
(In the Senate - Received from the House May 7, 2009;
May 7, 2009, read first time and referred to Committee on Criminal
Justice; May 21, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 21, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3481 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the right to an expunction of records and files relating
to a person's arrest.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 55.01(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c) [of this section]; or
(B) convicted and subsequently pardoned; or
(2) the person has been released and the charge, if
any, has not resulted in a final conviction and is no longer
pending, provided that there was no court-ordered community
supervision under Article 42.12 for the offense and that [each of
the following conditions exist]:
(A) an indictment or information charging the
person with the commission of a felony or misdemeanor:
(i) was [has] not [been] presented against
the person for the [an] offense at any time before the date of the
petition for expunction, and more than 180 days have elapsed from
the date of the person's arrest for the offense; [arising out of the
transaction for which the person was arrested] or
(ii) regardless of whether there is no
statute of limitations for the offense, was[, if an indictment or
information charging the person with commission of a felony was
presented, the indictment or information has been] dismissed or
quashed and, if the offense was a felony, more than 180 days have
elapsed from the date the indictment or information was dismissed
or quashed[,] and[:
[(i) the limitations period expired before
the date on which a petition for expunction was filed under Article
55.02; or
[(ii)] the court finds that the indictment
or information was dismissed or quashed because the presentment had
been made because of mistake, false information, or other similar
reason indicating absence of probable cause at the time of the
dismissal to believe the person committed the offense or because it
was void; or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired [the person has been released and
the charge, if any, has not resulted in a final conviction and is no
longer pending and there was no court ordered community supervision
under Article 42.12 for any offense other than a Class C
misdemeanor; and
[(C) the person has not been convicted of a
felony in the five years preceding the date of the arrest].
(b) Except as provided by Subsection (c) [of this section],
a district court may expunge all records and files relating to the
arrest of a person who has been arrested for commission of a felony
or misdemeanor under the procedure established under Article 55.02
[of this code] if:
(1) the person is:
(A) [(1)] tried for the offense for which the
person was arrested;
(B) [(2)] convicted of the offense; and
(C) [(3)] acquitted by the court of criminal
appeals or, if the period for granting a petition for discretionary
review has expired, by a court of appeals; or
(2) an office of the attorney representing the state
authorized by law to prosecute the offense for which the person was
arrested recommends the expunction to the appropriate district
court before the person is tried for the offense, regardless of
whether an indictment or information has been presented against the
person in relation to the offense.
SECTION 2. Article 55.01(a-1), Code of Criminal Procedure,
is repealed.
SECTION 3. The change in law made by this Act applies to a
person seeking expunction of records relating to an arrest
regardless of whether the arrest occurred before, on, or after the
effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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