| 1 | 1 | | 81R731 PEP-F |
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| 2 | 2 | | By: Dutton H.B. No. 945 |
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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 permitting certain persons placed on deferred |
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| 8 | 8 | | adjudication to seek an expunction of arrest records and files. |
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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(b), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) Except as provided by Subsection (c) of this section, a |
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| 13 | 13 | | district court may expunge all records and files relating to the |
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| 14 | 14 | | arrest of a person who has been arrested for commission of a felony |
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| 15 | 15 | | or misdemeanor under the procedure established under Article 55.02 |
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| 16 | 16 | | of this code if the person is: |
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| 17 | 17 | | (1) tried for the offense for which the person was |
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| 18 | 18 | | arrested, [; |
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| 19 | 19 | | [(2)] convicted of the offense,[;] and |
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| 20 | 20 | | [(3)] acquitted by the court of criminal appeals; or |
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| 21 | 21 | | (2) placed on deferred adjudication community |
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| 22 | 22 | | supervision under Section 5, Article 42.12, for the offense for |
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| 23 | 23 | | which the person was arrested, if the judge subsequently discharges |
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| 24 | 24 | | the person and dismisses the proceedings, unless the offense for |
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| 25 | 25 | | which the person was placed on deferred adjudication community |
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| 26 | 26 | | supervision was an offense under Section 19.02, 19.03, 20.04, |
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| 27 | 27 | | 21.11, 22.011, 22.02, 22.021, or 22.04, Penal Code. |
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| 28 | 28 | | SECTION 2. This Act takes effect September 1, 2009. |
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