Texas 2015 - 84th Regular

Texas House Bill HB2268 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9773 ADM-F
2	2	By: Thompson of Harris H.B. No. 2268
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to expunction of convictions and records in failure to
8	8	attend school cases.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 45.055, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 45.055. EXPUNCTION OF CONVICTION AND RECORDS IN
13	13	FAILURE TO ATTEND SCHOOL CASES. (a) An [Except as provided by
14	14	Subsection (e), an] individual convicted of a [not more than one]
15	15	violation of Section 25.094, Education Code, may[, on or after the
16	16	individual's 18th birthday,] apply to the court in which the
17	17	individual was convicted to have the conviction and records
18	18	relating to the conviction expunged.
19	19	(b) To apply for an expunction, the applicant or the
20	20	applicant's parent or guardian must submit a written request that:
21	21	(1) is made under oath; and
22	22	(2) [states that the applicant has not been convicted
23	23	of more than one violation of Section 25.094, Education Code; and
24	24	[(3)] is in the form determined by the applicant.
25	25	(c) The court may expunge the conviction and records
26	26	relating to the conviction without a hearing or, if facts are in
27	27	doubt, may order a hearing on the application. At its discretion,
28	28	the court may [If the court finds that the applicant has not been
29	29	convicted of more than one violation of Section 25.094, Education
30	30	Code, the court shall] order the conviction, together with all
31	31	complaints, verdicts, sentences, and other documents relating to
32	32	the offense, including any documents in the possession of a school
33	33	district or law enforcement agency, to be expunged from the
34	34	applicant's record. In making a decision to expunge the applicant's
35	35	records, the court shall consider any factors the court determines
36	36	appropriate, including the circumstances of the offense and any
37	37	previous convictions under Section 25.094, Education Code. [After
38	38	entry of the order, the applicant is released from all disabilities
39	39	resulting from the conviction, and the conviction may not be shown
40	40	or made known for any purpose. The court shall inform the applicant
41	41	of the court's decision on the application.]
42	42	(d) The court may not [shall] require an individual who
43	43	files an application under this article to pay a fee [in the amount
44	44	of $30 to defray the cost of notifying state agencies of orders of
45	45	expunction under this article].
46	46	(e) Notwithstanding any other provision of this article,
47	47	a [A] court shall order the expunction of [expunge] an individual's
48	48	conviction under Section 25.094, Education Code, and the documents
49	49	and records relating to the [a] conviction described by Subsection
50	50	(c) [, regardless of whether the individual has previously been
51	51	convicted of an offense under that section,] if:
52	52	(1) [the court finds that] the individual has
53	53	successfully complied with the conditions imposed on the individual
54	54	by the court under Article 45.054, regardless of whether the
55	55	individual has applied for an expunction under this article; or
56	56	(2) before the individual's 21st birthday, the
57	57	individual presents to the court proof that the individual has
58	58	obtained a high school diploma or a high school equivalency
59	59	certificate.
60	60	(f) After entry of an expunction order under this article,
61	61	the individual whose conviction and records have been expunged is
62	62	released from all disabilities resulting from the conviction, and
63	63	the conviction may not be shown or made known for any purpose. The
64	64	court shall inform the individual of the expunction.
65	65	SECTION 2. Section 103.021, Government Code, is amended to
66	66	read as follows:
67	67	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL
68	68	CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a
69	69	party to a civil suit, as applicable, shall pay the following fees
70	70	and costs under the Code of Criminal Procedure if ordered by the
71	71	court or otherwise required:
72	72	(1) a personal bond fee (Art. 17.42, Code of Criminal
73	73	Procedure) . . . the greater of $20 or three percent of the amount of
74	74	the bail fixed for the accused;
75	75	(2) cost of electronic monitoring as a condition of
76	76	release on personal bond (Art. 17.43, Code of Criminal Procedure) .
77	77	. . actual cost;
78	78	(3) a fee for verification of and monitoring of motor
79	79	vehicle ignition interlock (Art. 17.441, Code of Criminal
80	80	Procedure) . . . not to exceed $10;
81	81	(3-a) costs associated with operating a global
82	82	positioning monitoring system as a condition of release on bond
83	83	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
84	84	subject to a determination of indigency;
85	85	(3-b) costs associated with providing a defendant's
86	86	victim with an electronic receptor device as a condition of the
87	87	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
88	88	Procedure) . . . actual costs, subject to a determination of
89	89	indigency;
90	90	(4) repayment of reward paid by a crime stoppers
91	91	organization on conviction of a felony (Art. 37.073, Code of
92	92	Criminal Procedure) . . . amount ordered;
93	93	(5) reimbursement to general revenue fund for payments
94	94	made to victim of an offense as condition of community supervision
95	95	(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
96	96	a misdemeanor offense or $100 for a felony offense;
97	97	(6) payment to a crime stoppers organization as
98	98	condition of community supervision (Art. 42.12, Code of Criminal
99	99	Procedure) . . . not to exceed $50;
100	100	(7) children's advocacy center fee (Art. 42.12, Code
101	101	of Criminal Procedure) . . . not to exceed $50;
102	102	(8) family violence center fee (Art. 42.12, Code of
103	103	Criminal Procedure) . . . $100;
104	104	(9) community supervision fee (Art. 42.12, Code of
105	105	Criminal Procedure) . . . not less than $25 or more than $60 per
106	106	month;
107	107	(10) additional community supervision fee for certain
108	108	offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
109	109	month;
110	110	(11) for certain financially able sex offenders as a
111	111	condition of community supervision, the costs of treatment,
112	112	specialized supervision, or rehabilitation (Art. 42.12, Code of
113	113	Criminal Procedure) . . . all or part of the reasonable and
114	114	necessary costs of the treatment, supervision, or rehabilitation as
115	115	determined by the judge;
116	116	(12) fee for failure to appear for trial in a justice
117	117	or municipal court if a jury trial is not waived (Art. 45.026, Code
118	118	of Criminal Procedure) . . . costs incurred for impaneling the jury;
119	119	(13) costs of certain testing, assessments, or
120	120	programs during a deferral period (Art. 45.051, Code of Criminal
121	121	Procedure) . . . amount ordered;
122	122	(14) special expense on dismissal of certain
123	123	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) .
124	124	. . not to exceed amount of fine assessed;
125	125	(15) an additional fee:
126	126	(A) for a copy of the defendant's driving record
127	127	to be requested from the Department of Public Safety by the judge
128	128	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
129	129	to the sum of the fee established by Section 521.048,
130	130	Transportation Code, and the state electronic Internet portal fee;
131	131	(B) as an administrative fee for requesting a
132	132	driving safety course or a course under the motorcycle operator
133	133	training and safety program for certain traffic offenses to cover
134	134	the cost of administering the article (Art. 45.0511(f)(1), Code of
135	135	Criminal Procedure) . . . not to exceed $10; or
136	136	(C) for requesting a driving safety course or a
137	137	course under the motorcycle operator training and safety program
138	138	before the final disposition of the case (Art. 45.0511(f)(2), Code
139	139	of Criminal Procedure) . . . not to exceed the maximum amount of the
140	140	fine for the offense committed by the defendant;
141	141	(16) a request fee for teen court program (Art.
142	142	45.052, Code of Criminal Procedure) . . . $20, if the court ordering
143	143	the fee is located in the Texas-Louisiana border region, but
144	144	otherwise not to exceed $10;
145	145	(17) a fee to cover costs of required duties of teen
146	146	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
147	147	court ordering the fee is located in the Texas-Louisiana border
148	148	region, but otherwise $10;
149	149	(18) a mileage fee for officer performing certain
150	150	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
151	151	mile;
152	152	(19) certified mailing of notice of hearing date (Art.
153	153	102.006, Code of Criminal Procedure) . . . $1, plus postage;
154	154	(20) certified mailing of certified copies of an order
155	155	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
156	156	plus postage;
157	157	(20-a) a fee to defray the cost of notifying state
158	158	agencies of orders of expungement (Art. 45.0216, Code of Criminal
159	159	Procedure) . . . $30 per application;
160	160	[(20-b) a fee to defray the cost of notifying state
161	161	agencies of orders of expunction (Art. 45.055, Code of Criminal
162	162	Procedure) . . . $30 per application;]
163	163	(21) sight orders:
164	164	(A) if the face amount of the check or sight order
165	165	does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . .
166	166	not to exceed $10;
167	167	(B) if the face amount of the check or sight order
168	168	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
169	169	Criminal Procedure) . . . not to exceed $15;
170	170	(C) if the face amount of the check or sight order
171	171	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
172	172	Criminal Procedure) . . . not to exceed $30;
173	173	(D) if the face amount of the check or sight order
174	174	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
175	175	Criminal Procedure) . . . not to exceed $50; and
176	176	(E) if the face amount of the check or sight order
177	177	is greater than $500 (Art. 102.007, Code of Criminal Procedure) . .
178	178	. not to exceed $75;
179	179	(22) fees for a pretrial intervention program:
180	180	(A) a supervision fee (Art. 102.012(a), Code of
181	181	Criminal Procedure) . . . $60 a month plus expenses; and
182	182	(B) a district attorney, criminal district
183	183	attorney, or county attorney administrative fee (Art. 102.0121,
184	184	Code of Criminal Procedure) . . . not to exceed $500;
185	185	(23) parking fee violations for child safety fund in
186	186	municipalities with populations:
187	187	(A) greater than 850,000 (Art. 102.014, Code of
188	188	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
189	189	(B) less than 850,000 (Art. 102.014, Code of
190	190	Criminal Procedure) . . . not to exceed $5;
191	191	(24) an administrative fee for collection of fines,
192	192	fees, restitution, or other costs (Art. 102.072, Code of Criminal
193	193	Procedure) . . . not to exceed $2 for each transaction; and
194	194	(25) a collection fee, if authorized by the
195	195	commissioners court of a county or the governing body of a
196	196	municipality, for certain debts and accounts receivable, including
197	197	unpaid fines, fees, court costs, forfeited bonds, and restitution
198	198	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
199	199	percent of an amount more than 60 days past due.
200	200	SECTION 3. The changes in law made by this Act apply only to
201	201	conduct violating Section 25.094, Education Code, on or after the
202	202	effective date of this Act. A violation that occurs before the
203	203	effective date of this Act is covered by the law in effect when the
204	204	violation occurred, and the former law is continued in effect for
205	205	that purpose. For purposes of this section, a violation occurs
206	206	before the effective date of this Act if any element of the
207	207	violation occurs before that date.
208	208	SECTION 4. This Act takes effect September 1, 2015.