84R8569 MEW-F
By: Allen H.B. No. 3799
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of certain drug-related offenses
following successful treatment and rehabilitation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 55, Code of Criminal Procedure, is
amended by adding Article 55.012 to read as follows:
Art. 55.012. EXPUNCTION OF CERTAIN DRUG-RELATED OFFENSES
FOLLOWING SUCCESSFUL TREATMENT. (a) A person who has been placed
under a custodial or noncustodial arrest for an offense involving
the possession of a substance regulated under Chapter 481, Health
and Safety Code, that is punishable as a felony of the third degree
or as any lower category of offense may petition a district court
for the county in which the person resides to have all records and
files related to the arrest expunged if the person:
(1) is fully discharged from the person's sentence,
including any term of deferred adjudication community supervision
and any term of incarceration and parole or other form of
supervision imposed following conviction of the offense, as
applicable;
(2) submits to a screening and evaluation procedure
developed or approved by the community justice assistance division
of the Texas Department of Criminal Justice under Section 509.003,
Government Code, and, if the evaluation indicates a need for a
prescribed course of drug-related treatment, submits to that
treatment;
(3) has not previously been finally convicted of any
felony offense involving the possession of a substance regulated
under Chapter 481, Health and Safety Code; and
(4) is not arrested for the commission of any felony
offense committed after the date of the arrest with respect to which
the person seeks an expunction.
(b) The person must submit a petition for expunction to a
district court under this article. The petition must be verified
and must contain:
(1) the information described by Section 2(b), Article
55.02; and
(2) a statement that the person meets each requirement
for expunction described by Subsection (a).
(c) After receipt of a petition under Subsection (b) and
notice to the state, the court shall hold a hearing to determine
whether the petitioner meets each requirement for expunction
described by Subsection (a). If after the hearing the court finds
that the petitioner meets each requirement for expunction and the
issuance of an order directing expunction is in the best interest of
justice, the court shall enter an order directing expunction in a
manner consistent with the procedures described by Section 1a,
Article 55.02.
SECTION 2. Section 411.0851(a), Government Code, is amended
to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information shall destroy and
may not disseminate any information in the possession of the entity
with respect to which the entity has received notice that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d).
SECTION 3. Section 552.1425(a), Government Code, is amended
to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information with respect to which the entity has
received notice that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d).
SECTION 4. This Act takes effect September 1, 2015.