81R5470 T
By: Hinojosa S.B. No. 2075
A BILL TO BE ENTITLED
AN ACT
relating to the consequences of community supervision and to
petitions and procedures for the expunction of criminal records and
files and to orders of nondisclosure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Community
Supervision and Expunction Reform Act of 2009.
SECTION 2. Section 5, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (c-1) to read as
follows:
(c-1) Notwithstanding any other provision of law, except
Subsections (c)(1)-(3) of this article, an order of deferred
adjudication community supervision that has resulted in a discharge
and dismissal under Subsection (c):
(1) may not be deemed a conviction for any purpose; and
(2) may not be considered by an agency, board,
commission, entity, institution, or program of this state or of a
political subdivision of this state for the purposes of determining
whether to issue, suspend, restrict, or revoke a certification,
commission, license, or permit.
SECTION 3. Section 20, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (a-1) to read as
follows:
(a-1) Notwithstanding any other provision of law, except
Subsections (a)(1) and (a)(2) of this article, an order of
community supervision that has resulted in a discharge and
dismissal under Subsection (a):
(1) may not be deemed a conviction for any purpose; and
(2) may not be considered by an agency, board,
commission, entity, institution, or program of this state or of a
political subdivision of this state for the purposes of determining
whether to issue, suspend, restrict, or revoke a certification,
commission, license, or permit.
SECTION 4. Article 55.01, Code of Criminal Procedure, is
amended by adding Subsections (a-2), (a-3), and (a-4) to read as
follows:
(a-2) Notwithstanding Subsections (a)(2)(B) and (a-3), an
order of community supervision that has resulted in a discharge and
dismissal under Section 5 or Section 20, Article 42.12, does not
affect the person's entitlement to expunction:
(1) on or after the discharge and dismissal, if the
offense for which the person was placed on community supervision
was a misdemeanor other than a misdemeanor described by Subdivision
(2);
(2) on or after the second anniversary of the
discharge and dismissal, if the offense for which the person was
placed on community supervision was a misdemeanor under Chapter 20,
21, 22, 25, 42, or 46, Penal Code;
(3) on or after the fifth anniversary of the discharge
and dismissal, if the offense for which the person was placed on
community supervision was a felony other than a felony described by
Subdivision (4); or
(4) on or after the seventh anniversary of the
discharge and dismissal, if the offense for which the person was
placed on community supervision was a felony under Section 19.02,
19.03, 20.04, 21.11, 22.011, 22.02, 22.021, or 22.04, Penal Code.
(a-3) A person is entitled to petition the court under
Article 55.02 only if during the applicable period described by
Subsection (a-2)(1), (2), (3), or (4), as appropriate, the person
is not convicted of or placed on community supervision for any
offense other than an offense under the Transportation Code
punishable by fine only.
(a-4) A person not otherwise entitled to expunction under
Subsection (a) is entitled to have all records and files relating to
the custodial or non-custodial arrest of the person for the
commission of an offense under the Transportation Code punishable
by fine only if the person:
(1) committed the offense not less than five years
before filing a petition for expunction with respect to the
offense;
(2) has not been convicted of any other offense in the
five years preceding the time of filing the petition; and
(3) is not subject to pending charges for any other
offense at the time of filing the petition.
SECTION 5. Section 2(a), Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
(a) A person who is entitled to expunction of records and
files under Article 55.01(a) or (a-4) or a person who is eligible
for expunction of records and files under Article 55.01(b) may file
an ex parte petition for expunction in a district court for the
county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
SECTION 6. (a) The following provisions of the Government
Code are repealed:
(1) Section 103.021(37); and
(2) Sections 411.081(d)-(h).
(b) The change in law made by this section does not affect an
order of nondisclosure issued before the effective date of this
section. An order of nondisclosure continues in effect as if this
section had not been enacted, and the former law is continued in
effect for that purpose.
SECTION 7. Section 552.142(a), Government Code, is amended
to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if an order of nondisclosure with respect to the
information has been issued under Section 411.081(d) as that law
existed immediately before September 1, 2009.
SECTION 8. Section 552.1425, Government Code, is amended by
amending Subsection (2) to read as follows:
(2) an order of nondisclosure has been issued under Section
411.081(d) as that law existed immediately before September 1,
2009.
SECTION 9. (a) The following provisions of the Health and
Safety Code are repealed:
(1) Section 469.001(b); and
(2) Section 469.001(c).
(b) The change in law made by this section does not affect an
order of nondisclosure issued before the effective date of this
section. An order of nondisclosure continues in effect as if this
section had not been enacted, and the former law is continued in
effect for that purpose.
SECTION 10. The change in law made by this Act to Article
42.12, Code of Criminal Procedure, applies to a discharge and
dismissal regardless of whether the discharge and dismissal
occurred before, on, or after the effective date of this Act.
SECTION 11. The change in law made by this Act to Chapter
55, Code of Criminal Procedure, applies to a person seeking
expunction of records and files relating to an arrest on or after
the effective date of this Act, regardless of whether the arrest
occurred before, on, or after the effective date of this Act.
SECTION 12. Sections 1-5 of this Act take effect
immediately if it receives a vote of two-thirds of all 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, Sections 1-5 of this Act take effect September 1,
2009. All other sections of this Act take effect September 1, 2009.