By: Harris S.B. No. 920
(In the Senate - Filed February 17, 2009; March 9, 2009,
read first time and referred to Committee on Criminal Justice;
April 14, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 14, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 920 By: Hinojosa
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) each of the following conditions exist:
(A) either:
(i) an indictment or information charging
the person with commission of a felony has not been presented
against the person for an offense arising out of the transaction for
which the person was arrested and:
(a) the applicable limitations period
expired before the date on which a petition for expunction was filed
under Article 55.02; or
(b) the court finds that there is
reasonable cause to believe the state will not proceed against the
person for an offense arising out of the transaction for which the
person was arrested; or
(ii) [or,] if an indictment or information
charging the person with commission of a felony was presented
against the person for an offense arising out of the transaction for
which the person was arrested, the indictment or information has
been dismissed or quashed[,] and:
(a) [(i)] the applicable limitations
period expired before the date on which a petition for expunction
was filed under Article 55.02; [or]
(b) [(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
(c) the court finds that there is
reasonable cause to believe the state will not proceed against the
person for an offense arising out of the transaction for which the
person was arrested;
(B) 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. 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 3. 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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