84R6388 AJZ-D
By: Reynolds H.B. No. 1655
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of certain files and records arising
from a criminal investigation; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Code of Criminal Procedure, is
amended by adding Articles 1.28 and 1.281 to read as follows:
Art. 1.28. RECORDS OF CERTAIN PERSONS NOT CHARGED WITH AN
OFFENSE. (a) A person who is accused or suspected of committing a
felony offense but is not placed under a custodial or noncustodial
arrest for the offense is entitled to have all records and files
relating to a grand jury investigation into the person's conduct
expunged in the manner provided by Article 55.01 if:
(1) the person was not indicted for any alleged
offense by the grand jury; and
(2) the statute of limitations has expired for any
offense investigated by the grand jury.
(b) A person who is entitled to expunction of records and
files under Subsection (a) may file an ex parte petition in a
district court for the county in which the grand jury investigation
occurred.
(c) The petition must be verified and must include the
following or an explanation for why one or more of the following is
not included:
(1) the petitioner's:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number;
(F) social security number; and
(G) address at the time of the grand jury
investigation;
(2) the alleged offense or conduct for which the
petitioner was investigated;
(3) the date the alleged offense or conduct for which
the petitioner was investigated was alleged to have been committed;
(4) the term of the grand jury that investigated the
petitioner; and
(5) together with the applicable physical or e-mail
addresses, a list of all:
(A) law enforcement agencies, detention
facilities, magistrates, courts, prosecuting attorneys, central
state depositories of criminal records, and other officials or
agencies or other entities of this state or of any political
subdivision of this state that the petitioner has reason to believe
have records or files that are subject to expunction;
(B) central federal depositories of criminal
records that the petitioner has reason to believe have records or
files that are subject to expunction; and
(C) private entities that compile and
disseminate for compensation criminal history record information
that the petitioner has reason to believe have information related
to records or files that are subject to expunction.
(d) The court shall set a hearing on the matter not earlier
than the 30th day after the filing of the petition and shall give to
each official or agency or other governmental entity named in the
petition reasonable notice of the hearing by:
(1) certified mail, return receipt requested; or
(2) secure e-mail, electronic transmission, or
facsimile transmission.
(e) If the court finds that the petitioner is entitled to
expunction of any records or files that are the subject of the
petition, it shall enter an order directing expunction.
(f) On receipt of an order under this article, each official
or agency or other governmental entity named in the order shall:
(1) return all records and files that are subject to
the expunction order to the court, or if removal is impracticable,
obliterate all portions of the record or file that identify the
person who is the subject of the order and notify the court of its
action; and
(2) delete from its public records all index
references to the records and files that are subject to the
expunction order.
(g) If an order of expunction is entered under this article,
the court records concerning expunction proceedings are not open
for inspection by anyone except the person who is the subject of the
order.
(h) The clerk of the court shall destroy all the files or
other records received under Subsection (f) not earlier than the
60th day after the date the order of expunction is issued or later
than the first anniversary of that date.
(i) Not later than the 30th day before the date on which the
clerk destroys the files or other records under Subsection (h), the
clerk shall provide notice by mail, e-mail, or facsimile
transmission to the attorney representing the state in the
expunction proceeding. If the attorney representing the state in
the expunction proceeding objects to the destruction not later than
the 20th day after receiving notice under this subsection, the
clerk may not destroy the files or other records until the first
anniversary of the date the order of expunction is issued or the
first business day after that date.
(j) Article 55.03 applies to an expunction under this
article.
Art. 1.281. VIOLATION OF CERTAIN EXPUNCTION ORDERS.
Sec. 1. A person who acquires knowledge of a grand jury
investigation while an officer or employee of the state or of any
agency or other entity of the state or any political subdivision of
the state and who knows of an order under Article 1.28 expunging the
records and files relating to that investigation commits an offense
if he knowingly releases, disseminates, or otherwise uses the
records or files.
Sec. 2. A person who knowingly fails to return or to
obliterate identifying portions of a record or file ordered
expunged under Article 1.28 commits an offense.
Sec. 3. An offense under this article is a Class B
misdemeanor.
SECTION 2. This Act takes effect September 1, 2015.