Texas 2009 - 81st Regular

Texas Senate Bill SB920 Compare Versions

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1	1	By: Harris S.B. No. 920
2	2	(In the Senate - Filed February 17, 2009; March 9, 2009,
3	3	read first time and referred to Committee on Criminal Justice;
4	4	April 14, 2009, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 6, Nays 0; April 14, 2009,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 920 By: Hinojosa
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the right to an expunction of records and files relating
13	13	to a person's arrest.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subsection (a), Article 55.01, Code of Criminal
16	16	Procedure, is amended to read as follows:
17	17	(a) A person who has been placed under a custodial or
18	18	noncustodial arrest for commission of either a felony or
19	19	misdemeanor is entitled to have all records and files relating to
20	20	the arrest expunged if:
21	21	(1) the person is tried for the offense for which the
22	22	person was arrested and is:
23	23	(A) acquitted by the trial court, except as
24	24	provided by Subsection (c) [of this section]; or
25	25	(B) convicted and subsequently pardoned; or
26	26	(2) each of the following conditions exist:
27	27	(A) either:
28	28	(i) an indictment or information charging
29	29	the person with commission of a felony has not been presented
30	30	against the person for an offense arising out of the transaction for
31	31	which the person was arrested and:
32	32	(a) the applicable limitations period
33	33	expired before the date on which a petition for expunction was filed
34	34	under Article 55.02; or
35	35	(b) the court finds that there is
36	36	reasonable cause to believe the state will not proceed against the
37	37	person for an offense arising out of the transaction for which the
38	38	person was arrested; or
39	39	(ii) [or,] if an indictment or information
40	40	charging the person with commission of a felony was presented
41	41	against the person for an offense arising out of the transaction for
42	42	which the person was arrested, the indictment or information has
43	43	been dismissed or quashed[,] and:
44	44	(a) [(i)] the applicable limitations
45	45	period expired before the date on which a petition for expunction
46	46	was filed under Article 55.02; [or]
47	47	(b) [(ii)] the court finds that the
48	48	indictment or information was dismissed or quashed because the
49	49	presentment had been made because of mistake, false information, or
50	50	other similar reason indicating absence of probable cause at the
51	51	time of the dismissal to believe the person committed the offense or
52	52	because it was void; or
53	53	(c) the court finds that there is
54	54	reasonable cause to believe the state will not proceed against the
55	55	person for an offense arising out of the transaction for which the
56	56	person was arrested;
57	57	(B) the person has been released and the charge,
58	58	if any, has not resulted in a final conviction and is no longer
59	59	pending and there was no court ordered community supervision under
60	60	Article 42.12 for any offense other than a Class C misdemeanor; and
61	61	(C) the person has not been convicted of a felony
62	62	in the five years preceding the date of the arrest.
63	63	SECTION 2. The change in law made by this Act applies to a
64	64	person seeking expunction of records relating to an arrest
65	65	regardless of whether the arrest occurred before, on, or after the
66	66	effective date of this Act.
67	67	SECTION 3. This Act takes effect immediately if it receives
68	68	a vote of two-thirds of all the members elected to each house, as
69	69	provided by Section 39, Article III, Texas Constitution. If this
70	70	Act does not receive the vote necessary for immediate effect, this
71	71	Act takes effect September 1, 2009.
72	72	* * * * *