84R5879 GCB-D
By: West S.B. No. 1646
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for expunction for certain defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1a, Article 55.02, Code of Criminal
Procedure, is amended by amending Subsection (a) and adding
Subsection (a-1) to read as follows:
(a) The trial court presiding over a case in which a person
[defendant] is entitled to expunction under Article 55.01(a)
[convicted and subsequently granted relief or pardoned on the basis
of actual innocence of the offense of which the defendant was
convicted], if the trial court is a district court, or a district
court in the county in which the trial court is located shall enter
an order of expunction for the [a] person [entitled to expunction
under Article 55.01(a)(1)(B)(ii)] not later than the 30th day after
the date the person first becomes entitled to expunction based on a
circumstance described under that subsection [court receives
notice of the pardon or other grant of relief].
(a-1) The person entitled to expunction shall provide to the
district court all of the information required in a petition for
expunction under Section 2(b).
SECTION 2. Sections 2(a) and (d), Article 55.02, Code of
Criminal Procedure, are amended to read as follows:
(a) A person who is [entitled to expunction of records and
files under Article 55.01(a)(1)(B)(i) or 55.01(a)(2) or a person
who is] eligible for expunction of records and files under Article
55.01(b) may file an ex parte petition for expunction in a district
court for the county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
(d) If the court finds that the petitioner, or a person for
whom an ex parte petition is filed under Subsection (e), is entitled
to expunction of any records and files that are the subject of the
petition, the court [it] shall enter an order directing expunction.
If the court finds that the petitioner or person is eligible for
expunction of any records and files that are the subject of the
petition, the court may enter an order directing expunction.
SECTION 3. Section 5(a), Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
(a) Except as provided by Subsections (f) and (g), on
receipt of the order, each official or agency or other governmental
entity named in the order shall:
(1) return all records and files that are subject to
the expunction order to the court, or in cases other than cases in
which a person was convicted and subsequently granted relief or
pardoned on the basis of actual innocence of the offense of which
the person was convicted, obliterate [those described by Section
1a], if removal is impracticable, [obliterate] all portions of the
record or file that identify the person who is the subject of the
order and notify the court of its action; and
(2) delete from its public records all index
references to the records and files that are subject to the
expunction order.
SECTION 4. Section 1, Article 55.02, Code of Criminal
Procedure, is repealed.
SECTION 5. (a) This Act applies to the expunction of arrest
records and files for a person whose entitlement to expunction
under Article 55.01(a), Code of Criminal Procedure, arises before,
on, or after the effective date of this Act, regardless of when the
underlying arrest occurred.
(b) For a person whose entitlement to expunction under
Article 55.01(a), Code of Criminal Procedure, arises before the
effective date of this Act, notwithstanding the 30-day time limit
provided for the court to enter an automatic order of expunction
under Section 1a(a), Article 55.02, Code of Criminal Procedure, as
amended by this Act, the court shall enter an order of expunction
for the person as soon as practicable after the court receives
written notice from any party to the case about the person's
entitlement to the expunction.
SECTION 6. This Act takes effect September 1, 2015.