Texas 2015 - 84th Regular

Texas House Bill HB1960 Compare Versions

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11 84R4564 GCB-D
22 By: Canales H.B. No. 1960
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the automatic expunction of arrest records and files
88 for certain veterans and the waiver of fees and costs charged for
99 the expunction.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Article 55.01(a), Code of Criminal Procedure, is
1212 amended to read as follows:
1313 (a) A person who has been placed under a custodial or
1414 noncustodial arrest for commission of either a felony or
1515 misdemeanor is entitled to have all records and files relating to
1616 the arrest expunged if:
1717 (1) the person is tried for the offense for which the
1818 person was arrested and is:
1919 (A) acquitted by the trial court, except as
2020 provided by Subsection (c); or
2121 (B) convicted and subsequently:
2222 (i) pardoned for a reason other than that
2323 described by Subparagraph (ii); or
2424 (ii) pardoned or otherwise granted relief
2525 on the basis of actual innocence with respect to that offense, if
2626 the applicable pardon or court order clearly indicates on its face
2727 that the pardon or order was granted or rendered on the basis of the
2828 person's actual innocence; or
2929 (2) the person has been released and the charge, if
3030 any, has not resulted in a final conviction and is no longer pending
3131 and there was no court-ordered community supervision under Article
3232 42.12 for the offense, unless the offense is a Class C misdemeanor,
3333 provided that:
3434 (A) regardless of whether any statute of
3535 limitations exists for the offense and whether any limitations
3636 period for the offense has expired, an indictment or information
3737 charging the person with the commission of a misdemeanor offense
3838 based on the person's arrest or charging the person with the
3939 commission of any felony offense arising out of the same
4040 transaction for which the person was arrested:
4141 (i) has not been presented against the
4242 person at any time following the arrest, and:
4343 (a) at least 180 days have elapsed
4444 from the date of arrest if the arrest for which the expunction was
4545 sought was for an offense punishable as a Class C misdemeanor and if
4646 there was no felony charge arising out of the same transaction for
4747 which the person was arrested;
4848 (b) at least one year has elapsed from
4949 the date of arrest if the arrest for which the expunction was sought
5050 was for an offense punishable as a Class B or A misdemeanor and if
5151 there was no felony charge arising out of the same transaction for
5252 which the person was arrested;
5353 (c) at least three years have elapsed
5454 from the date of arrest if the arrest for which the expunction was
5555 sought was for an offense punishable as a felony or if there was a
5656 felony charge arising out of the same transaction for which the
5757 person was arrested; or
5858 (d) the attorney representing the
5959 state certifies that the applicable arrest records and files are
6060 not needed for use in any criminal investigation or prosecution,
6161 including an investigation or prosecution of another person; or
6262 (ii) if presented at any time following the
6363 arrest, was dismissed or quashed, and the court finds that the
6464 indictment or information was dismissed or quashed because:
6565 (a) the person completed a veterans
6666 court program created under Chapter 124, Government Code, or former
6767 law;
6868 (b) the person completed a pretrial
6969 intervention program authorized under Section 76.011, Government
7070 Code, other than a veterans court program created under Chapter
7171 124, Government Code, or former law;
7272 (c) [because] the presentment had
7373 been made because of mistake, false information, or other similar
7474 reason indicating absence of probable cause at the time of the
7575 dismissal to believe the person committed the offense; or
7676 (d) [, or because] the indictment or
7777 information was void; or
7878 (B) prosecution of the person for the offense for
7979 which the person was arrested is no longer possible because the
8080 limitations period has expired.
8181 SECTION 2. Section 1a, Article 55.02, Code of Criminal
8282 Procedure, is amended by adding Subsection (a-1) to read as
8383 follows:
8484 (a-1) A trial court dismissing a case following a person's
8585 successful completion of a veterans court program created under
8686 Chapter 124, Government Code, or former law, if the trial court is a
8787 district court, or a district court in the county in which the trial
8888 court is located shall enter an order of expunction for a person
8989 entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) not
9090 later than the 30th day after the date the court dismisses the case
9191 or receives the information regarding that dismissal, as
9292 applicable. Notwithstanding any other law, a court that enters an
9393 order for expunction under this subsection may not charge any fee or
9494 assess any cost for the expunction.
9595 SECTION 3. Section 2(a), Article 55.02, Code of Criminal
9696 Procedure, is amended to read as follows:
9797 (a) A person who is entitled to expunction of records and
9898 files under Article 55.01(a)(1)(B)(i) or under Article
9999 55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person
100100 who is eligible for expunction of records and files under Article
101101 55.01(b) may file an ex parte petition for expunction in a district
102102 court for the county in which:
103103 (1) the petitioner was arrested; or
104104 (2) the offense was alleged to have occurred.
105105 SECTION 4. Article 102.006(b), Code of Criminal Procedure,
106106 is amended to read as follows:
107107 (b) The fees under Subsection (a) shall be waived if[:
108108 [(1)] the petitioner:
109109 (1) seeks expunction of a criminal record that relates
110110 to an arrest for an offense of which the person was acquitted, other
111111 than an acquittal for an offense described by Article 55.01(c), [;]
112112 and
113113 [(2)] the petition for expunction is filed not later
114114 than the 30th day after the date of the acquittal; or
115115 (2) is entitled to expunction under Article
116116 55.01(a)(2)(A)(ii)(a) after successful completion of a veterans
117117 court program created under Chapter 124, Government Code, or former
118118 law.
119119 SECTION 5. Section 124.001(b), Government Code, is amended
120120 to read as follows:
121121 (b) If a defendant successfully completes a veterans court
122122 program [as authorized under Section 76.011], after notice to the
123123 attorney representing the state and a hearing in the veterans court
124124 at which that court determines that a dismissal is in the best
125125 interest of justice, the veterans court shall provide to the court
126126 in which the criminal case is pending information about the
127127 dismissal and shall include all of the information required about
128128 the defendant for a petition for expunction under Section 2(b),
129129 Article 55.02, Code of Criminal Procedure. The court in which the
130130 criminal case is pending shall dismiss the criminal action against
131131 the defendant and:
132132 (1) if that trial court is a district court, the court
133133 shall enter an order of expunction on behalf of the defendant under
134134 Section 1a(a-1), Article 55.02, Code of Criminal Procedure; or
135135 (2) if that trial court is not a district court, the
136136 court shall forward the appropriate dismissal and expunction
137137 information to a district court with jurisdiction to enter an order
138138 of expunction on behalf of the defendant under Section 1a(a-1),
139139 Article 55.02, Code of Criminal Procedure.
140140 SECTION 6. (a) Except as provided by Subsection (b) of
141141 this section, this Act applies to the expunction of arrest records
142142 and files for a person who successfully completes a veterans court
143143 program under Chapter 124, Government Code, or former law before,
144144 on, or after the effective date of this Act, regardless of when the
145145 underlying arrest occurred.
146146 (b) The change in law made by this Act to Article 102.006,
147147 Code of Criminal Procedure, applies to the fees charged or costs
148148 assessed for an expunction order entered on or after the effective
149149 date of this Act, regardless of whether the underlying arrest
150150 occurred before, on, or after the effective date of this Act.
151151 (c) For a person who is entitled to expunction under Article
152152 55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by
153153 this Act, based on a successful completion of a veterans court
154154 program under Chapter 124, Government Code, or former law before
155155 the effective date of this Act, notwithstanding the 30-day time
156156 limit provided for the court to enter an automatic order of
157157 expunction under Section 1a(a-1), Article 55.02, Code of Criminal
158158 Procedure, as added by this Act, the court shall enter an order of
159159 expunction for the person as soon as practicable after the court
160160 receives written notice from any party to the case about the
161161 person's entitlement to the expunction.
162162 SECTION 7. This Act takes effect September 1, 2015.