| 1 | 1 | | 84R8569 MEW-F |
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| 2 | 2 | | By: Allen H.B. No. 3799 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the expunction of certain drug-related offenses |
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| 8 | 8 | | following successful treatment and rehabilitation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 55, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 55.012 to read as follows: |
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| 12 | 12 | | Art. 55.012. EXPUNCTION OF CERTAIN DRUG-RELATED OFFENSES |
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| 13 | 13 | | FOLLOWING SUCCESSFUL TREATMENT. (a) A person who has been placed |
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| 14 | 14 | | under a custodial or noncustodial arrest for an offense involving |
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| 15 | 15 | | the possession of a substance regulated under Chapter 481, Health |
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| 16 | 16 | | and Safety Code, that is punishable as a felony of the third degree |
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| 17 | 17 | | or as any lower category of offense may petition a district court |
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| 18 | 18 | | for the county in which the person resides to have all records and |
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| 19 | 19 | | files related to the arrest expunged if the person: |
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| 20 | 20 | | (1) is fully discharged from the person's sentence, |
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| 21 | 21 | | including any term of deferred adjudication community supervision |
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| 22 | 22 | | and any term of incarceration and parole or other form of |
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| 23 | 23 | | supervision imposed following conviction of the offense, as |
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| 24 | 24 | | applicable; |
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| 25 | 25 | | (2) submits to a screening and evaluation procedure |
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| 26 | 26 | | developed or approved by the community justice assistance division |
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| 27 | 27 | | of the Texas Department of Criminal Justice under Section 509.003, |
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| 28 | 28 | | Government Code, and, if the evaluation indicates a need for a |
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| 29 | 29 | | prescribed course of drug-related treatment, submits to that |
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| 30 | 30 | | treatment; |
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| 31 | 31 | | (3) has not previously been finally convicted of any |
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| 32 | 32 | | felony offense involving the possession of a substance regulated |
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| 33 | 33 | | under Chapter 481, Health and Safety Code; and |
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| 34 | 34 | | (4) is not arrested for the commission of any felony |
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| 35 | 35 | | offense committed after the date of the arrest with respect to which |
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| 36 | 36 | | the person seeks an expunction. |
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| 37 | 37 | | (b) The person must submit a petition for expunction to a |
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| 38 | 38 | | district court under this article. The petition must be verified |
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| 39 | 39 | | and must contain: |
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| 40 | 40 | | (1) the information described by Section 2(b), Article |
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| 41 | 41 | | 55.02; and |
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| 42 | 42 | | (2) a statement that the person meets each requirement |
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| 43 | 43 | | for expunction described by Subsection (a). |
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| 44 | 44 | | (c) After receipt of a petition under Subsection (b) and |
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| 45 | 45 | | notice to the state, the court shall hold a hearing to determine |
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| 46 | 46 | | whether the petitioner meets each requirement for expunction |
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| 47 | 47 | | described by Subsection (a). If after the hearing the court finds |
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| 48 | 48 | | that the petitioner meets each requirement for expunction and the |
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| 49 | 49 | | issuance of an order directing expunction is in the best interest of |
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| 50 | 50 | | justice, the court shall enter an order directing expunction in a |
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| 51 | 51 | | manner consistent with the procedures described by Section 1a, |
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| 52 | 52 | | Article 55.02. |
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| 53 | 53 | | SECTION 2. Section 411.0851(a), Government Code, is amended |
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| 54 | 54 | | to read as follows: |
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| 55 | 55 | | (a) A private entity that compiles and disseminates for |
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| 56 | 56 | | compensation criminal history record information shall destroy and |
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| 57 | 57 | | may not disseminate any information in the possession of the entity |
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| 58 | 58 | | with respect to which the entity has received notice that: |
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| 59 | 59 | | (1) an order of expunction has been issued under |
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| 60 | 60 | | Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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| 61 | 61 | | (2) an order of nondisclosure has been issued under |
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| 62 | 62 | | Section 411.081(d). |
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| 63 | 63 | | SECTION 3. Section 552.1425(a), Government Code, is amended |
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| 64 | 64 | | to read as follows: |
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| 65 | 65 | | (a) A private entity that compiles and disseminates for |
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| 66 | 66 | | compensation criminal history record information may not compile or |
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| 67 | 67 | | disseminate information with respect to which the entity has |
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| 68 | 68 | | received notice that: |
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| 69 | 69 | | (1) an order of expunction has been issued under |
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| 70 | 70 | | Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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| 71 | 71 | | (2) an order of nondisclosure has been issued under |
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| 72 | 72 | | Section 411.081(d). |
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| 73 | 73 | | SECTION 4. This Act takes effect September 1, 2015. |
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