| 1 | 1 | | 84R11773 ADM-F |
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| 2 | 2 | | By: Bettencourt S.B. No. 1335 |
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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 period after which a governmental entity must |
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| 8 | 8 | | execute an expunction order. |
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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. Sections 5(a) and (f), Article 55.02, Code of |
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| 11 | 11 | | Criminal Procedure, are amended to read as follows: |
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| 12 | 12 | | (a) Except as provided by Subsections (f) and (g), on |
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| 13 | 13 | | receipt of the order and after the court's plenary power expires, |
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| 14 | 14 | | any post-judgment activity in the case is resolved, and the |
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| 15 | 15 | | disposition of the case becomes final, each official or agency or |
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| 16 | 16 | | other governmental entity named in the order shall: |
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| 17 | 17 | | (1) return all records and files that are subject to |
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| 18 | 18 | | the expunction order to the court or in cases other than those |
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| 19 | 19 | | described by Section 1a, if removal is impracticable, obliterate |
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| 20 | 20 | | all portions of the record or file that identify the person who is |
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| 21 | 21 | | the subject of the order and notify the court of its action; and |
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| 22 | 22 | | (2) delete from its public records all index |
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| 23 | 23 | | references to the records and files that are subject to the |
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| 24 | 24 | | expunction order. |
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| 25 | 25 | | (f) On receipt of an order granting expunction to a person |
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| 26 | 26 | | entitled to expunction under Article 55.01(d) and after the court's |
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| 27 | 27 | | plenary power expires, any post-judgment activity in the case is |
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| 28 | 28 | | resolved, and the disposition of the case becomes final, each |
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| 29 | 29 | | official, agency, or other governmental entity named in the order: |
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| 30 | 30 | | (1) shall: |
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| 31 | 31 | | (A) obliterate all portions of the record or file |
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| 32 | 32 | | that identify the petitioner; and |
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| 33 | 33 | | (B) substitute for all obliterated portions of |
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| 34 | 34 | | the record or file any available information that identifies the |
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| 35 | 35 | | person arrested; and |
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| 36 | 36 | | (2) may not return the record or file or delete index |
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| 37 | 37 | | references to the record or file. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2015. |
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