Texas 2013 - 83rd Regular

Texas House Bill HB1344 Compare Versions

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Old	New	Differences
1	1	83R17313 AJZ-D
2	2	By: Canales H.B. No. 1344
3	3	Substitute the following for H.B. No. 1344:
4	4	By: Herrero C.S.H.B. No. 1344
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the expunction of arrest records and files relating to
10	10	certain nonviolent offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 55, Code of Criminal Procedure, is
13	13	amended by adding Article 55.012 to read as follows:
14	14	Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT OFFENSES.
15	15	(a) A person who has been placed under a custodial or noncustodial
16	16	arrest for an offense other than an offense under Title 5, Penal
17	17	Code, is entitled to have all records and files related to the
18	18	arrest expunged if:
19	19	(1) the person was placed on deferred adjudication
20	20	community supervision under Section 5, Article 42.12, for the
21	21	offense and subsequently received a discharge and dismissal in the
22	22	case under Section 5(c), Article 42.12;
23	23	(2) the person has not been arrested for the
24	24	commission of any Class B misdemeanor, Class A misdemeanor, or
25	25	felony committed after the date of the offense for which the person
26	26	was placed on deferred adjudication community supervision; and
27	27	(3) since the date on which the person received a
28	28	discharge and dismissal under Subdivision (1):
29	29	(A) a period of not less than five years has
30	30	passed, if the offense for which the person received the discharge
31	31	and dismissal was a misdemeanor; or
32	32	(B) a period of not less than 10 years has passed,
33	33	if the offense for which the person received the discharge and
34	34	dismissal was a felony.
35	35	(b) The person must submit an ex parte petition for
36	36	expunction to the court that granted the deferred adjudication
37	37	community supervision. The petition must be verified and must
38	38	contain:
39	39	(1) the information described by Section 2(b), Article
40	40	55.02; and
41	41	(2) a statement that the person has not been arrested
42	42	for the commission of any Class B misdemeanor, Class A misdemeanor,
43	43	or felony committed after the date of the offense for which the
44	44	person was placed on deferred adjudication community supervision.
45	45	(c) If the court finds that the petitioner is entitled to
46	46	expunction of any arrest records and files that are the subject of
47	47	the petition, the court shall enter an order directing expunction
48	48	in a manner consistent with the procedures described by Section 1a,
49	49	Article 55.02.
50	50	SECTION 2. Section 411.0851(a), Government Code, is amended
51	51	to read as follows:
52	52	(a) A private entity that compiles and disseminates for
53	53	compensation criminal history record information shall destroy and
54	54	may not disseminate any information in the possession of the entity
55	55	with respect to which the entity has received notice that:
56	56	(1) an order of expunction has been issued under
57	57	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
58	58	(2) an order of nondisclosure has been issued under
59	59	Section 411.081(d).
60	60	SECTION 3. Section 552.1425(a), Government Code, is amended
61	61	to read as follows:
62	62	(a) A private entity that compiles and disseminates for
63	63	compensation criminal history record information may not compile or
64	64	disseminate information with respect to which the entity has
65	65	received notice that:
66	66	(1) an order of expunction has been issued under
67	67	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
68	68	(2) an order of nondisclosure has been issued under
69	69	Section 411.081(d).
70	70	SECTION 4. This Act takes effect September 1, 2013.