Texas 2009 - 81st Regular

Texas Senate Bill SB223 Compare Versions

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Old	New	Differences
1	1	S.B. No. 223
2	2
3	3
4	4	AN ACT
5	5	relating to allowing a person who successfully completes a term of
6	6	deferred adjudication community supervision to be eligible for a
7	7	pardon.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 48.01, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 48.01. GOVERNOR MAY PARDON. In all criminal cases,
12	12	except treason and impeachment, the Governor shall have power,
13	13	after conviction or successful completion of a term of deferred
14	14	adjudication community supervision, on the written signed
15	15	recommendation and advice of the Board of Pardons and Paroles, or a
16	16	majority thereof, to grant reprieves and commutations of
17	17	punishments and pardons; and upon the written recommendation and
18	18	advice of a majority of the Board of Pardons and Paroles, he shall
19	19	have the power to remit fines and forfeitures. The Governor shall
20	20	have the power to grant one reprieve in any capital case for a
21	21	period not to exceed 30 days; and he shall have power to revoke
22	22	conditional pardons. With the advice and consent of the
23	23	Legislature, the Governor may grant reprieves, commutations of
24	24	punishment and pardons in cases of treason.
25	25	SECTION 2. (a) Subsection (a), Article 55.01, Code of
26	26	Criminal Procedure, is amended to read as follows:
27	27	(a) A person who has been placed under a custodial or
28	28	noncustodial arrest for commission of either a felony or
29	29	misdemeanor is entitled to have all records and files relating to
30	30	the arrest expunged if:
31	31	(1) the person is tried for the offense for which the
32	32	person was arrested and is:
33	33	(A) acquitted by the trial court, except as
34	34	provided by Subsection (c) of this section; or
35	35	(B) convicted and subsequently pardoned; [or]
36	36	(2) each of the following conditions exist:
37	37	(A) an indictment or information charging the
38	38	person with commission of a felony has not been presented against
39	39	the person for an offense arising out of the transaction for which
40	40	the person was arrested or, if an indictment or information
41	41	charging the person with commission of a felony was presented, the
42	42	indictment or information has been dismissed or quashed, and:
43	43	(i) the limitations period expired before
44	44	the date on which a petition for expunction was filed under Article
45	45	55.02; or
46	46	(ii) the court finds that the indictment or
47	47	information was dismissed or quashed because the presentment had
48	48	been made because of mistake, false information, or other similar
49	49	reason indicating absence of probable cause at the time of the
50	50	dismissal to believe the person committed the offense or because it
51	51	was void;
52	52	(B) the person has been released and the charge,
53	53	if any, has not resulted in a final conviction and is no longer
54	54	pending and there was no court ordered community supervision under
55	55	Article 42.12 for any offense other than a Class C misdemeanor; and
56	56	(C) the person has not been convicted of a felony
57	57	in the five years preceding the date of the arrest; or
58	58	(3) the person is placed on deferred adjudication
59	59	community supervision under Section 5, Article 42.12, for the
60	60	offense for which the person was arrested, if the judge
61	61	subsequently discharges the person and dismisses the proceedings
62	62	and the person is subsequently pardoned for the offense.
63	63	(b) The change in law made by this section in amending
64	64	Subsection (a), Article 55.01, Code of Criminal Procedure, applies
65	65	to a defendant seeking expunction of records and files relating to
66	66	an arrest regardless of whether the arrest occurred before, on, or
67	67	after the effective date of this Act.
68	68	SECTION 3. This Act takes effect September 1, 2009, but only
69	69	if the constitutional amendment proposed by the 81st Legislature,
70	70	Regular Session, 2009, authorizing the governor to grant a pardon
71	71	to a person who successfully completes a term of deferred
72	72	adjudication community supervision is approved by the voters. If
73	73	that amendment is not approved by the voters, this Act has no
74	74	effect.
75	75	______________________________ ______________________________
76	76	President of the Senate Speaker of the House
77	77	I hereby certify that S.B. No. 223 passed the Senate on
78	78	April 2, 2009, by the following vote: Yeas 31, Nays 0; and that
79	79	the Senate concurred in House amendments on May 28, 2009, by the
80	80	following vote: Yeas 31, Nays 0.
81	81	______________________________
82	82	Secretary of the Senate
83	83	I hereby certify that S.B. No. 223 passed the House, with
84	84	amendments, on May 19, 2009, by the following vote: Yeas 143,
85	85	Nays 0, one present not voting.
86	86	______________________________
87	87	Chief Clerk of the House
88	88	Approved:
89	89	______________________________
90	90	Date
91	91	______________________________
92	92	Governor