Texas 2009 - 81st Regular

Texas House Bill HB3881 Compare Versions

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1	1	81R4569 KEL-D
2	2	By: Alonzo H.B. No. 3881
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right to an expunction of records and files relating
8	8	to a person's arrest.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 55.01(a), (a-1), and (b), Code of
11	11	Criminal Procedure, are amended to read as follows:
12	12	(a) A person who has been placed under a custodial or
13	13	noncustodial arrest for commission of either a felony or
14	14	misdemeanor is entitled to have all records and files relating to
15	15	the arrest expunged if:
16	16	(1) the person is tried for the offense for which the
17	17	person was arrested and is:
18	18	(A) acquitted by the trial court, except as
19	19	provided by Subsection (c) [of this section]; or
20	20	(B) convicted and subsequently pardoned; or
21	21	(2) each of the following conditions exist:
22	22	(A) an indictment or information charging the
23	23	person with commission of a felony has not been presented against
24	24	the person for an offense arising out of the transaction for which
25	25	the person was arrested or, if an indictment or information
26	26	charging the person with commission of a felony was presented, the
27	27	indictment or information has been dismissed or quashed;
28	28	(B) if an indictment or information charging the
29	29	person with commission of a felony was dismissed or quashed as
30	30	described by Paragraph (A), either [and]:
31	31	(i) the limitations period expired before
32	32	the date on which a petition for expunction was filed under Article
33	33	55.02; or
34	34	(ii) the court finds that the indictment or
35	35	information was dismissed or quashed because the presentment had
36	36	been made because of mistake, false information, or other similar
37	37	reason indicating absence of probable cause at the time of the
38	38	dismissal to believe the person committed the offense or because it
39	39	was void;
40	40	(C) [(B)] the person has been released and the
41	41	charge, if any, has not resulted in a final conviction and is no
42	42	longer pending and there was no court ordered community supervision
43	43	under Article 42.12 for any offense other than a Class C
44	44	misdemeanor; and
45	45	(D) [(C)] the person has not been convicted of a
46	46	felony in the five years preceding the date of the arrest.
47	47	(a-1) Notwithstanding Subsection (a)(2)(D) [(a)(2)(C)], a
48	48	person's conviction of a felony in the five years preceding the date
49	49	of the arrest does not affect the person's entitlement to
50	50	expunction for purposes of an ex parte petition filed on behalf of
51	51	the person by the director of the Department of Public Safety under
52	52	Section 2(e), Article 55.02.
53	53	(b) Except as provided by Subsection (c) [of this section], a
54	54	district court may expunge all records and files relating to the
55	55	arrest of a person who has been arrested for commission of a felony
56	56	or misdemeanor under the procedure established under Article 55.02
57	57	[of this code] if:
58	58	(1) the person is:
59	59	(A) [(1)] tried for the offense for which the
60	60	person was arrested;
61	61	(B) [(2)] convicted of the offense; and
62	62	(C) [(3)] acquitted by the court of criminal
63	63	appeals; or
64	64	(2) an office of the attorney representing the state
65	65	authorized by law to prosecute the offense for which the person was
66	66	arrested recommends the expunction to the appropriate district
67	67	court before the person is tried for the offense, regardless of
68	68	whether an indictment or information has been presented against the
69	69	person in relation to the offense.
70	70	SECTION 2. The change in law made by this Act applies to a
71	71	person seeking expunction of records relating to an arrest
72	72	regardless of whether the arrest occurred before, on, or after the
73	73	effective date of this Act.
74	74	SECTION 3. This Act takes effect immediately if it receives
75	75	a vote of two-thirds of all the members elected to each house, as
76	76	provided by Section 39, Article III, Texas Constitution. If this
77	77	Act does not receive the vote necessary for immediate effect, this
78	78	Act takes effect September 1, 2009.