84R4564 GCB-D
By: Canales H.B. No. 1960
A BILL TO BE ENTITLED
AN ACT
relating to the automatic expunction of arrest records and files
for certain veterans and the waiver of fees and costs charged for
the expunction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that
described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; or
(2) the person has been released and the charge, if
any, has not resulted in a final conviction and is no longer pending
and there was no court-ordered community supervision under Article
42.12 for the offense, unless the offense is a Class C misdemeanor,
provided that:
(A) regardless of whether any statute of
limitations exists for the offense and whether any limitations
period for the offense has expired, an indictment or information
charging the person with the commission of a misdemeanor offense
based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same
transaction for which the person was arrested:
(i) has not been presented against the
person at any time following the arrest, and:
(a) at least 180 days have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class C misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(b) at least one year has elapsed from
the date of arrest if the arrest for which the expunction was sought
was for an offense punishable as a Class B or A misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(c) at least three years have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a felony or if there was a
felony charge arising out of the same transaction for which the
person was arrested; or
(d) the attorney representing the
state certifies that the applicable arrest records and files are
not needed for use in any criminal investigation or prosecution,
including an investigation or prosecution of another person; or
(ii) if presented at any time following the
arrest, was dismissed or quashed, and the court finds that the
indictment or information was dismissed or quashed because:
(a) the person completed a veterans
court program created under Chapter 124, Government Code, or former
law;
(b) the person completed a pretrial
intervention program authorized under Section 76.011, Government
Code, other than a veterans court program created under Chapter
124, Government Code, or former law;
(c) [because] the presentment had
been made because of mistake, false information, or other similar
reason indicating absence of probable cause at the time of the
dismissal to believe the person committed the offense; or
(d) [, or because] the indictment or
information was void; or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired.
SECTION 2. Section 1a, Article 55.02, Code of Criminal
Procedure, is amended by adding Subsection (a-1) to read as
follows:
(a-1) A trial court dismissing a case following a person's
successful completion of a veterans court program created under
Chapter 124, Government Code, or former law, if the trial court is a
district court, or a district court in the county in which the trial
court is located shall enter an order of expunction for a person
entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) not
later than the 30th day after the date the court dismisses the case
or receives the information regarding that dismissal, as
applicable. Notwithstanding any other law, a court that enters an
order for expunction under this subsection may not charge any fee or
assess any cost for the expunction.
SECTION 3. Section 2(a), Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
(a) A person who is entitled to expunction of records and
files under Article 55.01(a)(1)(B)(i) or under Article
55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person
who is eligible for expunction of records and files under Article
55.01(b) may file an ex parte petition for expunction in a district
court for the county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
SECTION 4. Article 102.006(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The fees under Subsection (a) shall be waived if[:
[(1)] the petitioner:
(1) seeks expunction of a criminal record that relates
to an arrest for an offense of which the person was acquitted, other
than an acquittal for an offense described by Article 55.01(c), [;]
and
[(2)] the petition for expunction is filed not later
than the 30th day after the date of the acquittal; or
(2) is entitled to expunction under Article
55.01(a)(2)(A)(ii)(a) after successful completion of a veterans
court program created under Chapter 124, Government Code, or former
law.
SECTION 5. Section 124.001(b), Government Code, is amended
to read as follows:
(b) If a defendant successfully completes a veterans court
program [as authorized under Section 76.011], after notice to the
attorney representing the state and a hearing in the veterans court
at which that court determines that a dismissal is in the best
interest of justice, the veterans court shall provide to the court
in which the criminal case is pending information about the
dismissal and shall include all of the information required about
the defendant for a petition for expunction under Section 2(b),
Article 55.02, Code of Criminal Procedure. The court in which the
criminal case is pending shall dismiss the criminal action against
the defendant and:
(1) if that trial court is a district court, the court
shall enter an order of expunction on behalf of the defendant under
Section 1a(a-1), Article 55.02, Code of Criminal Procedure; or
(2) if that trial court is not a district court, the
court shall forward the appropriate dismissal and expunction
information to a district court with jurisdiction to enter an order
of expunction on behalf of the defendant under Section 1a(a-1),
Article 55.02, Code of Criminal Procedure.
SECTION 6. (a) Except as provided by Subsection (b) of
this section, this Act applies to the expunction of arrest records
and files for a person who successfully completes a veterans court
program under Chapter 124, Government Code, or former law before,
on, or after the effective date of this Act, regardless of when the
underlying arrest occurred.
(b) The change in law made by this Act to Article 102.006,
Code of Criminal Procedure, applies to the fees charged or costs
assessed for an expunction order entered on or after the effective
date of this Act, regardless of whether the underlying arrest
occurred before, on, or after the effective date of this Act.
(c) For a person who is entitled to expunction under Article
55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by
this Act, based on a successful completion of a veterans court
program under Chapter 124, Government Code, or former law before
the effective date of this Act, notwithstanding the 30-day time
limit provided for the court to enter an automatic order of
expunction under Section 1a(a-1), Article 55.02, Code of Criminal
Procedure, as added by this Act, the court shall enter an order of
expunction for the person as soon as practicable after the court
receives written notice from any party to the case about the
person's entitlement to the expunction.
SECTION 7. This Act takes effect September 1, 2015.