| 1 | 1 | | 81R9569 JSC-D |
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| 2 | 2 | | By: Turner of Harris H.B. No. 4135 |
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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 right to an expunction of records and files relating |
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| 8 | 8 | | to a person's arrest. |
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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. Article 55.01(a), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A person who has been placed under a custodial or |
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| 13 | 13 | | noncustodial arrest for commission of either a felony or |
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| 14 | 14 | | misdemeanor is entitled to have all records and files relating to |
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| 15 | 15 | | the arrest expunged if: |
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| 16 | 16 | | (1) the person is tried for the offense for which the |
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| 17 | 17 | | person was arrested and is: |
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| 18 | 18 | | (A) acquitted by the trial court, except as |
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| 19 | 19 | | provided by Subsection (c) [of this section]; or |
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| 20 | 20 | | (B) convicted and subsequently pardoned; [or] |
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| 21 | 21 | | (2) prosecution of the person for the offense for |
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| 22 | 22 | | which the person was arrested is no longer possible because: |
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| 23 | 23 | | (A) the limitations period has expired; or |
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| 24 | 24 | | (B) double jeopardy has attached; or |
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| 25 | 25 | | (3) each of the following conditions exist: |
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| 26 | 26 | | (A) an indictment or information charging the |
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| 27 | 27 | | person with commission of a felony or misdemeanor has not been |
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| 28 | 28 | | presented against the person for an offense arising out of the |
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| 29 | 29 | | transaction for which the person was arrested or, if an indictment |
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| 30 | 30 | | or information charging the person with commission of a felony or |
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| 31 | 31 | | misdemeanor was presented, the indictment or information has been |
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| 32 | 32 | | dismissed or quashed[, and: |
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| 33 | 33 | | [(i) the limitations period expired before |
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| 34 | 34 | | the date on which a petition for expunction was filed under Article |
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| 35 | 35 | | 55.02; or |
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| 36 | 36 | | [(ii) the court finds that the indictment |
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| 37 | 37 | | or information was dismissed or quashed because the presentment had |
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| 38 | 38 | | been made because of mistake, false information, or other similar |
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| 39 | 39 | | reason indicating absence of probable cause at the time of the |
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| 40 | 40 | | dismissal to believe the person committed the offense or because it |
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| 41 | 41 | | was void]; and |
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| 42 | 42 | | (B) the person has been released and the charge, |
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| 43 | 43 | | if any, has not resulted in a final conviction and is no longer |
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| 44 | 44 | | pending and there was no court ordered community supervision under |
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| 45 | 45 | | Article 42.12 for any offense except for [other than] a Class C |
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| 46 | 46 | | misdemeanor[; and |
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| 47 | 47 | | [(C) the person has not been convicted of a |
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| 48 | 48 | | felony in the five years preceding the date of the arrest]. |
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| 49 | 49 | | SECTION 2. Article 55.01(a-1), Code of Criminal Procedure, |
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| 50 | 50 | | is repealed. |
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| 51 | 51 | | SECTION 3. The change in law made by this Act applies to a |
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| 52 | 52 | | person seeking expunction of records relating to an arrest |
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| 53 | 53 | | regardless of whether the arrest occurred before, on, or after the |
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| 54 | 54 | | effective date of this Act. |
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| 55 | 55 | | SECTION 4. This Act takes effect immediately if it receives |
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| 56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 59 | | Act takes effect September 1, 2009. |
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