By: Huffman S.B. No. 1224
(In the Senate - Filed March 2, 2009; March 17, 2009, read
first time and referred to Committee on Criminal Justice;
April 20, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 20, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1224 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to a waiver of fees imposed for certain expunctions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.006, Code of Criminal Procedure, is
amended to read as follows:
Art. 102.006. FEES IN EXPUNCTION PROCEEDINGS. (a) In
addition to any other fees required by other law and except as
provided by Subsection (b), a petitioner seeking expunction of a
criminal record shall pay the following fees:
(1) the fee charged for filing an ex parte petition in
a civil action in district court;
(2) $1 plus postage for each certified mailing of
notice of the hearing date; and
(3) $2 plus postage for each certified mailing of
certified copies of an order of expunction.
(b) The fees under Subsection (a) shall be waived if:
(1) the petitioner seeks expunction of a criminal
record that relates to an arrest for an offense of which the person
was acquitted, other than an acquittal for an offense described by
Article 55.01(c); and
(2) the petition for expunction is filed not later
than the 30th day after the date of the acquittal.
SECTION 2. The change in law made by this Act applies only
to a petition for expunction filed on or after the effective date of
this Act. A petition for expunction filed before the effective date
of this Act is governed by the law in effect on the date the petition
was filed, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2009.
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