Texas 2015 - 84th Regular

Texas House Bill HB1655 Compare Versions

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Version 2 (New)

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1	1	84R6388 AJZ-D
2	2	By: Reynolds H.B. No. 1655
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expunction of certain files and records arising
8	8	from a criminal investigation; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 1, Code of Criminal Procedure, is
11	11	amended by adding Articles 1.28 and 1.281 to read as follows:
12	12	Art. 1.28. RECORDS OF CERTAIN PERSONS NOT CHARGED WITH AN
13	13	OFFENSE. (a) A person who is accused or suspected of committing a
14	14	felony offense but is not placed under a custodial or noncustodial
15	15	arrest for the offense is entitled to have all records and files
16	16	relating to a grand jury investigation into the person's conduct
17	17	expunged in the manner provided by Article 55.01 if:
18	18	(1) the person was not indicted for any alleged
19	19	offense by the grand jury; and
20	20	(2) the statute of limitations has expired for any
21	21	offense investigated by the grand jury.
22	22	(b) A person who is entitled to expunction of records and
23	23	files under Subsection (a) may file an ex parte petition in a
24	24	district court for the county in which the grand jury investigation
25	25	occurred.
26	26	(c) The petition must be verified and must include the
27	27	following or an explanation for why one or more of the following is
28	28	not included:
29	29	(1) the petitioner's:
30	30	(A) full name;
31	31	(B) sex;
32	32	(C) race;
33	33	(D) date of birth;
34	34	(E) driver's license number;
35	35	(F) social security number; and
36	36	(G) address at the time of the grand jury
37	37	investigation;
38	38	(2) the alleged offense or conduct for which the
39	39	petitioner was investigated;
40	40	(3) the date the alleged offense or conduct for which
41	41	the petitioner was investigated was alleged to have been committed;
42	42	(4) the term of the grand jury that investigated the
43	43	petitioner; and
44	44	(5) together with the applicable physical or e-mail
45	45	addresses, a list of all:
46	46	(A) law enforcement agencies, detention
47	47	facilities, magistrates, courts, prosecuting attorneys, central
48	48	state depositories of criminal records, and other officials or
49	49	agencies or other entities of this state or of any political
50	50	subdivision of this state that the petitioner has reason to believe
51	51	have records or files that are subject to expunction;
52	52	(B) central federal depositories of criminal
53	53	records that the petitioner has reason to believe have records or
54	54	files that are subject to expunction; and
55	55	(C) private entities that compile and
56	56	disseminate for compensation criminal history record information
57	57	that the petitioner has reason to believe have information related
58	58	to records or files that are subject to expunction.
59	59	(d) The court shall set a hearing on the matter not earlier
60	60	than the 30th day after the filing of the petition and shall give to
61	61	each official or agency or other governmental entity named in the
62	62	petition reasonable notice of the hearing by:
63	63	(1) certified mail, return receipt requested; or
64	64	(2) secure e-mail, electronic transmission, or
65	65	facsimile transmission.
66	66	(e) If the court finds that the petitioner is entitled to
67	67	expunction of any records or files that are the subject of the
68	68	petition, it shall enter an order directing expunction.
69	69	(f) On receipt of an order under this article, each official
70	70	or agency or other governmental entity named in the order shall:
71	71	(1) return all records and files that are subject to
72	72	the expunction order to the court, or if removal is impracticable,
73	73	obliterate all portions of the record or file that identify the
74	74	person who is the subject of the order and notify the court of its
75	75	action; and
76	76	(2) delete from its public records all index
77	77	references to the records and files that are subject to the
78	78	expunction order.
79	79	(g) If an order of expunction is entered under this article,
80	80	the court records concerning expunction proceedings are not open
81	81	for inspection by anyone except the person who is the subject of the
82	82	order.
83	83	(h) The clerk of the court shall destroy all the files or
84	84	other records received under Subsection (f) not earlier than the
85	85	60th day after the date the order of expunction is issued or later
86	86	than the first anniversary of that date.
87	87	(i) Not later than the 30th day before the date on which the
88	88	clerk destroys the files or other records under Subsection (h), the
89	89	clerk shall provide notice by mail, e-mail, or facsimile
90	90	transmission to the attorney representing the state in the
91	91	expunction proceeding. If the attorney representing the state in
92	92	the expunction proceeding objects to the destruction not later than
93	93	the 20th day after receiving notice under this subsection, the
94	94	clerk may not destroy the files or other records until the first
95	95	anniversary of the date the order of expunction is issued or the
96	96	first business day after that date.
97	97	(j) Article 55.03 applies to an expunction under this
98	98	article.
99	99	Art. 1.281. VIOLATION OF CERTAIN EXPUNCTION ORDERS.
100	100	Sec. 1. A person who acquires knowledge of a grand jury
101	101	investigation while an officer or employee of the state or of any
102	102	agency or other entity of the state or any political subdivision of
103	103	the state and who knows of an order under Article 1.28 expunging the
104	104	records and files relating to that investigation commits an offense
105	105	if he knowingly releases, disseminates, or otherwise uses the
106	106	records or files.
107	107	Sec. 2. A person who knowingly fails to return or to
108	108	obliterate identifying portions of a record or file ordered
109	109	expunged under Article 1.28 commits an offense.
110	110	Sec. 3. An offense under this article is a Class B
111	111	misdemeanor.
112	112	SECTION 2. This Act takes effect September 1, 2015.