84R10906 GCB-D
By: Dutton H.B. No. 3276
A BILL TO BE ENTITLED
AN ACT
relating to automatic expunction of arrest records and files for
certain persons who are tried for an offense and subsequently
acquitted.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. The [At the request of the defendant and after
notice to the state, the] trial court presiding over the case in
which the person [defendant] was acquitted, 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)(1)(A) not later than
the 30th day after the date of the acquittal. [Upon acquittal, the
trial court shall advise the defendant of the right to expunction.
The defendant shall provide to the district court all of the
information required in a petition for expunction under Section
2(b).] The person's attorney [for the defendant] in the case in
which the person [defendant] was acquitted, if the acquitted person
[defendant] was represented by counsel, or the attorney for the
state, if the acquitted person [defendant] was not represented by
counsel, shall prepare the order for the court's signature. If the
trial court is not a district court, the trial court shall forward
the proposed order, and all information required in a petition for
expunction under Section 2(b), to a district court in the county to
proceed in the manner provided by this section.
SECTION 2. (a) This Act applies to the expunction of arrest
records and files for a person entitled to that expunction under
Article 55.01(a)(1)(A), Code of Criminal Procedure, before, on, or
after the effective date of this Act, regardless of when the
underlying arrest occurred.
(b) For a person who is entitled to expunction under Article
55.01(a)(1)(A), Code of Criminal Procedure, based on an acquittal
that occurred 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 1, Article
55.02, Code of Criminal Procedure, as amended 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 3. This Act takes effect September 1, 2015.