| 1 | 1 | | 84R5879 GCB-D |
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| 2 | 2 | | By: West S.B. No. 1646 |
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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 procedure for expunction for certain defendants. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 1a, Article 55.02, Code of Criminal |
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| 10 | 10 | | Procedure, is amended by amending Subsection (a) and adding |
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| 11 | 11 | | Subsection (a-1) to read as follows: |
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| 12 | 12 | | (a) The trial court presiding over a case in which a person |
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| 13 | 13 | | [defendant] is entitled to expunction under Article 55.01(a) |
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| 14 | 14 | | [convicted and subsequently granted relief or pardoned on the basis |
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| 15 | 15 | | of actual innocence of the offense of which the defendant was |
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| 16 | 16 | | convicted], if the trial court is a district court, or a district |
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| 17 | 17 | | court in the county in which the trial court is located shall enter |
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| 18 | 18 | | an order of expunction for the [a] person [entitled to expunction |
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| 19 | 19 | | under Article 55.01(a)(1)(B)(ii)] not later than the 30th day after |
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| 20 | 20 | | the date the person first becomes entitled to expunction based on a |
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| 21 | 21 | | circumstance described under that subsection [court receives |
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| 22 | 22 | | notice of the pardon or other grant of relief]. |
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| 23 | 23 | | (a-1) The person entitled to expunction shall provide to the |
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| 24 | 24 | | district court all of the information required in a petition for |
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| 25 | 25 | | expunction under Section 2(b). |
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| 26 | 26 | | SECTION 2. Sections 2(a) and (d), Article 55.02, Code of |
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| 27 | 27 | | Criminal Procedure, are amended to read as follows: |
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| 28 | 28 | | (a) A person who is [entitled to expunction of records and |
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| 29 | 29 | | files under Article 55.01(a)(1)(B)(i) or 55.01(a)(2) or a person |
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| 30 | 30 | | who is] eligible for expunction of records and files under Article |
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| 31 | 31 | | 55.01(b) may file an ex parte petition for expunction in a district |
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| 32 | 32 | | court for the county in which: |
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| 33 | 33 | | (1) the petitioner was arrested; or |
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| 34 | 34 | | (2) the offense was alleged to have occurred. |
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| 35 | 35 | | (d) If the court finds that the petitioner, or a person for |
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| 36 | 36 | | whom an ex parte petition is filed under Subsection (e), is entitled |
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| 37 | 37 | | to expunction of any records and files that are the subject of the |
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| 38 | 38 | | petition, the court [it] shall enter an order directing expunction. |
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| 39 | 39 | | If the court finds that the petitioner or person is eligible for |
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| 40 | 40 | | expunction of any records and files that are the subject of the |
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| 41 | 41 | | petition, the court may enter an order directing expunction. |
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| 42 | 42 | | SECTION 3. Section 5(a), Article 55.02, Code of Criminal |
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| 43 | 43 | | Procedure, is amended to read as follows: |
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| 44 | 44 | | (a) Except as provided by Subsections (f) and (g), on |
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| 45 | 45 | | receipt of the order, each official or agency or other governmental |
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| 46 | 46 | | entity named in the order shall: |
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| 47 | 47 | | (1) return all records and files that are subject to |
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| 48 | 48 | | the expunction order to the court, or in cases other than cases in |
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| 49 | 49 | | which a person was convicted and subsequently granted relief or |
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| 50 | 50 | | pardoned on the basis of actual innocence of the offense of which |
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| 51 | 51 | | the person was convicted, obliterate [those described by Section |
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| 52 | 52 | | 1a], if removal is impracticable, [obliterate] all portions of the |
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| 53 | 53 | | record or file that identify the person who is the subject of the |
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| 54 | 54 | | order and notify the court of its action; and |
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| 55 | 55 | | (2) delete from its public records all index |
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| 56 | 56 | | references to the records and files that are subject to the |
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| 57 | 57 | | expunction order. |
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| 58 | 58 | | SECTION 4. Section 1, Article 55.02, Code of Criminal |
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| 59 | 59 | | Procedure, is repealed. |
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| 60 | 60 | | SECTION 5. (a) This Act applies to the expunction of arrest |
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| 61 | 61 | | records and files for a person whose entitlement to expunction |
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| 62 | 62 | | under Article 55.01(a), Code of Criminal Procedure, arises before, |
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| 63 | 63 | | on, or after the effective date of this Act, regardless of when the |
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| 64 | 64 | | underlying arrest occurred. |
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| 65 | 65 | | (b) For a person whose entitlement to expunction under |
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| 66 | 66 | | Article 55.01(a), Code of Criminal Procedure, arises before the |
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| 67 | 67 | | effective date of this Act, notwithstanding the 30-day time limit |
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| 68 | 68 | | provided for the court to enter an automatic order of expunction |
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| 69 | 69 | | under Section 1a(a), Article 55.02, Code of Criminal Procedure, as |
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| 70 | 70 | | amended by this Act, the court shall enter an order of expunction |
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| 71 | 71 | | for the person as soon as practicable after the court receives |
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| 72 | 72 | | written notice from any party to the case about the person's |
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| 73 | 73 | | entitlement to the expunction. |
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| 74 | 74 | | SECTION 6. This Act takes effect September 1, 2015. |
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