Texas 2015 - 84th Regular

Texas House Bill HB3362 Compare Versions

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

Old	New	Differences
1	1	84R3326 GCB-D
2	2	By: Collier H.B. No. 3362
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the automatic expunction of arrest records and files
8	8	for certain veterans who successfully complete a veterans court
9	9	pretrial intervention program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 55.01(a), Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	(a) A person who has been placed under a custodial or
14	14	noncustodial arrest for commission of either a felony or
15	15	misdemeanor is entitled to have all records and files relating to
16	16	the arrest expunged if:
17	17	(1) the person is tried for the offense for which the
18	18	person was arrested and is:
19	19	(A) acquitted by the trial court, except as
20	20	provided by Subsection (c); or
21	21	(B) convicted and subsequently:
22	22	(i) pardoned for a reason other than that
23	23	described by Subparagraph (ii); or
24	24	(ii) pardoned or otherwise granted relief
25	25	on the basis of actual innocence with respect to that offense, if
26	26	the applicable pardon or court order clearly indicates on its face
27	27	that the pardon or order was granted or rendered on the basis of the
28	28	person's actual innocence; or
29	29	(2) the person has been released and the charge, if
30	30	any, has not resulted in a final conviction and is no longer pending
31	31	and there was no court-ordered community supervision under Article
32	32	42.12 for the offense, unless the offense is a Class C misdemeanor,
33	33	provided that:
34	34	(A) regardless of whether any statute of
35	35	limitations exists for the offense and whether any limitations
36	36	period for the offense has expired, an indictment or information
37	37	charging the person with the commission of a misdemeanor offense
38	38	based on the person's arrest or charging the person with the
39	39	commission of any felony offense arising out of the same
40	40	transaction for which the person was arrested:
41	41	(i) has not been presented against the
42	42	person at any time following the arrest, and:
43	43	(a) at least 180 days have elapsed
44	44	from the date of arrest if the arrest for which the expunction was
45	45	sought was for an offense punishable as a Class C misdemeanor and if
46	46	there was no felony charge arising out of the same transaction for
47	47	which the person was arrested;
48	48	(b) at least one year has elapsed from
49	49	the date of arrest if the arrest for which the expunction was sought
50	50	was for an offense punishable as a Class B or A misdemeanor and if
51	51	there was no felony charge arising out of the same transaction for
52	52	which the person was arrested;
53	53	(c) at least three years have elapsed
54	54	from the date of arrest if the arrest for which the expunction was
55	55	sought was for an offense punishable as a felony or if there was a
56	56	felony charge arising out of the same transaction for which the
57	57	person was arrested; or
58	58	(d) the attorney representing the
59	59	state certifies that the applicable arrest records and files are
60	60	not needed for use in any criminal investigation or prosecution,
61	61	including an investigation or prosecution of another person; or
62	62	(ii) if presented at any time following the
63	63	arrest, was dismissed or quashed, and the court finds that the
64	64	indictment or information was dismissed or quashed because:
65	65	(a) the person completed a veterans
66	66	court program created under Chapter 124, Government Code, or former
67	67	law;
68	68	(b) the person completed a pretrial
69	69	intervention program authorized under Section 76.011, Government
70	70	Code, other than a veterans court program created under Chapter
71	71	124, Government Code, or former law;
72	72	(c) [because] the presentment had
73	73	been made because of mistake, false information, or other similar
74	74	reason indicating absence of probable cause at the time of the
75	75	dismissal to believe the person committed the offense; or
76	76	(d) [, or because] the indictment or
77	77	information was void; or
78	78	(B) prosecution of the person for the offense for
79	79	which the person was arrested is no longer possible because the
80	80	limitations period has expired.
81	81	SECTION 2. Section 1a, Article 55.02, Code of Criminal
82	82	Procedure, is amended by adding Subsection (a-1) to read as
83	83	follows:
84	84	(a-1) A trial court dismissing a case following a person's
85	85	successful completion of a veterans court program created under
86	86	Chapter 124, Government Code, or former law, if the trial court is a
87	87	district court, or a district court in the county in which the trial
88	88	court is located shall enter an order of expunction for a person
89	89	entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) not
90	90	later than the 30th day after the date the court dismisses the case
91	91	or receives the information regarding that dismissal, as
92	92	applicable.
93	93	SECTION 3. Section 2(a), Article 55.02, Code of Criminal
94	94	Procedure, is amended to read as follows:
95	95	(a) A person who is entitled to expunction of records and
96	96	files under Article 55.01(a)(1)(B)(i) or under Article
97	97	55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person
98	98	who is eligible for expunction of records and files under Article
99	99	55.01(b) may file an ex parte petition for expunction in a district
100	100	court for the county in which:
101	101	(1) the petitioner was arrested; or
102	102	(2) the offense was alleged to have occurred.
103	103	SECTION 4. Section 124.001(b), Government Code, is amended
104	104	to read as follows:
105	105	(b) If a defendant successfully completes a veterans court
106	106	program [as authorized under Section 76.011], after notice to the
107	107	attorney representing the state and a hearing in the veterans court
108	108	at which that court determines that a dismissal is in the best
109	109	interest of justice, the veterans court shall provide to the court
110	110	in which the criminal case is pending information about the
111	111	dismissal and shall include all of the information required about
112	112	the defendant for a petition for expunction under Section 2(b),
113	113	Article 55.02, Code of Criminal Procedure. The court in which the
114	114	criminal case is pending shall dismiss the criminal action against
115	115	the defendant and:
116	116	(1) if that trial court is a district court, the court
117	117	shall enter an order of expunction on behalf of the defendant under
118	118	Section 1a(a-1), Article 55.02, Code of Criminal Procedure; or
119	119	(2) if that trial court is not a district court, the
120	120	court shall forward the appropriate dismissal and expunction
121	121	information to a district court with jurisdiction to enter an order
122	122	of expunction on behalf of the defendant under Section 1a(a-1),
123	123	Article 55.02, Code of Criminal Procedure.
124	124	SECTION 5. (a) This Act applies to the expunction of arrest
125	125	records and files for a person who successfully completes a
126	126	veterans court program under Chapter 124, Government Code, or
127	127	former law, before, on, or after the effective date of this Act,
128	128	regardless of when the underlying arrest occurred.
129	129	(b) For a person who is entitled to expunction under Article
130	130	55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by
131	131	this Act, based on a successful completion of a veterans court
132	132	program under Chapter 124, Government Code, or former law, before
133	133	the effective date of this Act, notwithstanding the 30-day time
134	134	limit provided for the court to enter an automatic order of
135	135	expunction under Section 1a(a-1), Article 55.02, Code of Criminal
136	136	Procedure, as added by this Act, the court shall enter an order of
137	137	expunction for the person as soon as practicable after the court
138	138	receives written notice from any party to the case about the
139	139	person's entitlement to the expunction.
140	140	SECTION 6. This Act takes effect September 1, 2015.