By: West S.B. No. 1454
(In the Senate - Filed March 6, 2009; March 17, 2009, read
first time and referred to Committee on Criminal Justice;
May 5, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; May 5, 2009, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1454 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. Subsection (a), Article 55.01, Code of Criminal
Procedure, is 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
and there was no court-ordered community supervision under Article
42.12 for any offense except for a Class C misdemeanor, provided
that [each of the following conditions exist]:
(A) an indictment or information charging the
person with the commission of a felony or misdemeanor:
(i) has not been presented within the
previous 180 days against the person for an offense arising out of
the transaction for which the person was arrested; or
(ii) [, if an indictment or information
charging the person with commission of a felony was presented, the
indictment or information] has been dismissed or quashed for more
than 180 days, 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].
SECTION 2. Subsection (a-1), Article 55.01, 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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