84R9773 ADM-F
By: Thompson of Harris H.B. No. 2268
A BILL TO BE ENTITLED
AN ACT
relating to expunction of convictions and records in failure to
attend school cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.055, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.055. EXPUNCTION OF CONVICTION AND RECORDS IN
FAILURE TO ATTEND SCHOOL CASES. (a) An [Except as provided by
Subsection (e), an] individual convicted of a [not more than one]
violation of Section 25.094, Education Code, may[, on or after the
individual's 18th birthday,] apply to the court in which the
individual was convicted to have the conviction and records
relating to the conviction expunged.
(b) To apply for an expunction, the applicant or the
applicant's parent or guardian must submit a written request that:
(1) is made under oath; and
(2) [states that the applicant has not been convicted
of more than one violation of Section 25.094, Education Code; and
[(3)] is in the form determined by the applicant.
(c) The court may expunge the conviction and records
relating to the conviction without a hearing or, if facts are in
doubt, may order a hearing on the application. At its discretion,
the court may [If the court finds that the applicant has not been
convicted of more than one violation of Section 25.094, Education
Code, the court shall] order the conviction, together with all
complaints, verdicts, sentences, and other documents relating to
the offense, including any documents in the possession of a school
district or law enforcement agency, to be expunged from the
applicant's record. In making a decision to expunge the applicant's
records, the court shall consider any factors the court determines
appropriate, including the circumstances of the offense and any
previous convictions under Section 25.094, Education Code. [After
entry of the order, the applicant is released from all disabilities
resulting from the conviction, and the conviction may not be shown
or made known for any purpose. The court shall inform the applicant
of the court's decision on the application.]
(d) The court may not [shall] require an individual who
files an application under this article to pay a fee [in the amount
of $30 to defray the cost of notifying state agencies of orders of
expunction under this article].
(e) Notwithstanding any other provision of this article,
a [A] court shall order the expunction of [expunge] an individual's
conviction under Section 25.094, Education Code, and the documents
and records relating to the [a] conviction described by Subsection
(c) [, regardless of whether the individual has previously been
convicted of an offense under that section,] if:
(1) [the court finds that] the individual has
successfully complied with the conditions imposed on the individual
by the court under Article 45.054, regardless of whether the
individual has applied for an expunction under this article; or
(2) before the individual's 21st birthday, the
individual presents to the court proof that the individual has
obtained a high school diploma or a high school equivalency
certificate.
(f) After entry of an expunction order under this article,
the individual whose conviction and records have been expunged is
released from all disabilities resulting from the conviction, and
the conviction may not be shown or made known for any purpose. The
court shall inform the individual of the expunction.
SECTION 2. Section 103.021, Government Code, is amended to
read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL
CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a
party to a civil suit, as applicable, shall pay the following fees
and costs under the Code of Criminal Procedure if ordered by the
court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount of
the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal Procedure) .
. . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(3-a) costs associated with operating a global
positioning monitoring system as a condition of release on bond
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
subject to a determination of indigency;
(3-b) costs associated with providing a defendant's
victim with an electronic receptor device as a condition of the
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
Procedure) . . . actual costs, subject to a determination of
indigency;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence center fee (Art. 42.12, Code of
Criminal Procedure) . . . $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Art. 42.12, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) .
. . not to exceed amount of fine assessed;
(15) an additional fee:
(A) for a copy of the defendant's driving record
to be requested from the Department of Public Safety by the judge
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
to the sum of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal fee;
(B) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
(C) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of the
fine for the offense committed by the defendant;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . $20, if the court ordering
the fee is located in the Texas-Louisiana border region, but
otherwise not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(20-a) a fee to defray the cost of notifying state
agencies of orders of expungement (Art. 45.0216, Code of Criminal
Procedure) . . . $30 per application;
[(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 45.055, Code of Criminal
Procedure) . . . $30 per application;]
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . .
not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal Procedure) . .
. not to exceed $75;
(22) fees for a pretrial intervention program:
(A) a supervision fee (Art. 102.012(a), Code of
Criminal Procedure) . . . $60 a month plus expenses; and
(B) a district attorney, criminal district
attorney, or county attorney administrative fee (Art. 102.0121,
Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5; and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction; and
(25) a collection fee, if authorized by the
commissioners court of a county or the governing body of a
municipality, for certain debts and accounts receivable, including
unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
percent of an amount more than 60 days past due.
SECTION 3. The changes in law made by this Act apply only to
conduct violating Section 25.094, Education Code, on or after the
effective date of this Act. A violation that occurs before the
effective date of this Act is covered by the law in effect when the
violation occurred, and the former law is continued in effect for
that purpose. For purposes of this section, a violation occurs
before the effective date of this Act if any element of the
violation occurs before that date.
SECTION 4. This Act takes effect September 1, 2015.