| 1 | 1 | | 84R2569 AJZ-D |
|---|
| 2 | 2 | | By: Canales H.B. No. 1014 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the expunction of arrest records and files relating to |
|---|
| 8 | 8 | | certain nonviolent offenses. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 55, Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended by adding Article 55.012 to read as follows: |
|---|
| 12 | 12 | | Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT OFFENSES. |
|---|
| 13 | 13 | | (a) A person who has been placed under a custodial or noncustodial |
|---|
| 14 | 14 | | arrest for an offense other than an offense under Title 5, Penal |
|---|
| 15 | 15 | | Code, is entitled to have all records and files related to the |
|---|
| 16 | 16 | | arrest expunged if: |
|---|
| 17 | 17 | | (1) the person was placed on deferred adjudication |
|---|
| 18 | 18 | | community supervision under Section 5, Article 42.12, for the |
|---|
| 19 | 19 | | offense and subsequently received a discharge and dismissal in the |
|---|
| 20 | 20 | | case under Section 5(c), Article 42.12; |
|---|
| 21 | 21 | | (2) the person has not been arrested for the |
|---|
| 22 | 22 | | commission of any Class B misdemeanor, Class A misdemeanor, or |
|---|
| 23 | 23 | | felony committed after the date of the offense for which the person |
|---|
| 24 | 24 | | was placed on deferred adjudication community supervision; and |
|---|
| 25 | 25 | | (3) since the date on which the person received a |
|---|
| 26 | 26 | | discharge and dismissal as described by Subdivision (1): |
|---|
| 27 | 27 | | (A) a period of not less than five years has |
|---|
| 28 | 28 | | passed, if the offense for which the person received the discharge |
|---|
| 29 | 29 | | and dismissal was a misdemeanor; or |
|---|
| 30 | 30 | | (B) a period of not less than 10 years has passed, |
|---|
| 31 | 31 | | if the offense for which the person received the discharge and |
|---|
| 32 | 32 | | dismissal was a felony. |
|---|
| 33 | 33 | | (b) The person must submit an ex parte petition for |
|---|
| 34 | 34 | | expunction to the court that granted the deferred adjudication |
|---|
| 35 | 35 | | community supervision. The petition must be verified and must |
|---|
| 36 | 36 | | contain: |
|---|
| 37 | 37 | | (1) the information described by Section 2(b), Article |
|---|
| 38 | 38 | | 55.02; and |
|---|
| 39 | 39 | | (2) a statement that the person has not been arrested |
|---|
| 40 | 40 | | for the commission of any Class B misdemeanor, Class A misdemeanor, |
|---|
| 41 | 41 | | or felony committed after the date of the offense for which the |
|---|
| 42 | 42 | | person was placed on deferred adjudication community supervision. |
|---|
| 43 | 43 | | (c) If the court finds that the petitioner is entitled to |
|---|
| 44 | 44 | | expunction of any arrest records and files that are the subject of |
|---|
| 45 | 45 | | the petition, the court shall enter an order directing expunction |
|---|
| 46 | 46 | | in a manner consistent with the procedures described by Section 1a, |
|---|
| 47 | 47 | | Article 55.02. |
|---|
| 48 | 48 | | SECTION 2. Section 411.0851(a), Government Code, is amended |
|---|
| 49 | 49 | | to read as follows: |
|---|
| 50 | 50 | | (a) A private entity that compiles and disseminates for |
|---|
| 51 | 51 | | compensation criminal history record information shall destroy and |
|---|
| 52 | 52 | | may not disseminate any information in the possession of the entity |
|---|
| 53 | 53 | | with respect to which the entity has received notice that: |
|---|
| 54 | 54 | | (1) an order of expunction has been issued under |
|---|
| 55 | 55 | | Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
|---|
| 56 | 56 | | (2) an order of nondisclosure has been issued under |
|---|
| 57 | 57 | | Section 411.081(d). |
|---|
| 58 | 58 | | SECTION 3. Section 552.1425(a), Government Code, is amended |
|---|
| 59 | 59 | | to read as follows: |
|---|
| 60 | 60 | | (a) A private entity that compiles and disseminates for |
|---|
| 61 | 61 | | compensation criminal history record information may not compile or |
|---|
| 62 | 62 | | disseminate information with respect to which the entity has |
|---|
| 63 | 63 | | received notice that: |
|---|
| 64 | 64 | | (1) an order of expunction has been issued under |
|---|
| 65 | 65 | | Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
|---|
| 66 | 66 | | (2) an order of nondisclosure has been issued under |
|---|
| 67 | 67 | | Section 411.081(d). |
|---|
| 68 | 68 | | SECTION 4. This Act takes effect September 1, 2015. |
|---|