82R5549 JSC-D
By: Marquez H.B. No. 3306
A BILL TO BE ENTITLED
AN ACT
relating to a person's eligibility for expunction of certain
criminal history records and files.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (e) to
read as follows:
(b) Except as provided by Subsection (c) [of this section],
a district court may expunge all records and files relating to the
arrest of a person who has been arrested for commission of a felony
or misdemeanor under the procedure established under Article 55.02
[of this code] if the person is:
(1) tried for the offense for which the person was
arrested,[;
[(2)] convicted of the offense,[;] and
[(3)] acquitted by the court of criminal appeals; or
(2) convicted of the offense and meets the
requirements of Subsection (e).
(e) A person is eligible for an expunction under Subsection
(b)(2) if:
(1) the person is not seeking an order of expunction
for and has never been convicted of or placed on deferred
adjudication for:
(A) an offense requiring registration as a sex
offender under Chapter 62;
(B) an offense under any of the following
provisions of the Penal Code:
(i) Chapter 19;
(ii) Section 20.03, 20.04, or 20.05;
(iii) Chapter 20A;
(iv) Section 22.01, 22.02, or 22.04;
(v) Section 28.02;
(vi) Chapter 29;
(vii) Section 30.02;
(viii) Section 42.072; or
(ix) Section 49.04, 49.045, 49.07, or
49.08;
(C) an offense involving manufacture or delivery
of a controlled substance under Subchapter D, Chapter 481, Health
and Safety Code; or
(D) any other offense involving family violence,
as defined by Section 71.004, Family Code;
(2) with respect to the offense for which the person is
seeking an order of expunction, the person petitions the court for
an order of expunction under Article 55.02 only on or after the 15th
anniversary of the date the person is convicted; and
(3) during the applicable period described by
Subdivision (2), the person is not convicted of or placed on
deferred adjudication community supervision for any offense other
than an offense under the Transportation Code punishable by fine
only.
SECTION 2. The change in law made by this Act applies to a
person who, on or after the effective date of this Act, seeks
expunction of records and files 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, 2011.