Texas 2017 - 85th Regular

Texas House Bill HB1012 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4679 JRR-F
2	2	By: Alonzo H.B. No. 1012
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expunction of records and files relating to an
8	8	offense for which a person is arrested.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 55.01, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been
13	13	placed under a custodial or noncustodial arrest for commission of
14	14	either a felony or misdemeanor is entitled to have all records and
15	15	files relating to the offense for which the person was arrested
16	16	[arrest] expunged if:
17	17	(1) the person is tried for the offense for which the
18	18	person was arrested and is:
19	19	(A) acquitted by the trial court, except as
20	20	provided by Subsection (c); or
21	21	(B) convicted and subsequently:
22	22	(i) pardoned for a reason other than that
23	23	described by Subparagraph (ii); or
24	24	(ii) pardoned or otherwise granted relief
25	25	on the basis of actual innocence with respect to that offense, if
26	26	the applicable pardon or court order clearly indicates on its face
27	27	that the pardon or order was granted or rendered on the basis of the
28	28	person's actual innocence; or
29	29	(2) the person has been released and the charge, if
30	30	any, for the offense for which the expunction is sought has been
31	31	dismissed or has not resulted in a final conviction for that
32	32	offense, the charge [and] is no longer pending, and there was no
33	33	court-ordered community supervision under Chapter 42A for that
34	34	[the] offense[,] unless the offense is a Class C misdemeanor,
35	35	provided that:
36	36	(A) regardless of whether any statute of
37	37	limitations exists for the offense and whether any limitations
38	38	period for the offense has expired, an indictment or information
39	39	charging the person with the commission of the [a misdemeanor]
40	40	offense [based on the person's arrest or charging the person with
41	41	the commission of any felony offense arising out of the same
42	42	transaction for which the person was arrested]:
43	43	(i) has not been presented against the
44	44	person at any time following the person's arrest, and:
45	45	(a) at least 30 [180] days have
46	46	elapsed from the date of arrest if the offense [arrest] for which
47	47	the expunction was sought was [for an offense] punishable as a Class
48	48	C misdemeanor and if there was no felony charge arising out of the
49	49	same transaction for which the person was arrested;
50	50	(b) at least 90 days have [one year
51	51	has] elapsed from the date of arrest if the offense [arrest] for
52	52	which the expunction was sought was [for an offense] punishable as a
53	53	Class B or A misdemeanor and if there was no felony charge arising
54	54	out of the same transaction for which the person was arrested;
55	55	(c) at least three years have elapsed
56	56	from the date of arrest if the offense [arrest] for which the
57	57	expunction was sought was [for an offense] punishable as a felony or
58	58	if there was a felony charge arising out of the same transaction for
59	59	which the person was arrested; or
60	60	(d) the attorney representing the
61	61	state certifies that the applicable [arrest] records and files are
62	62	not needed for use in any criminal investigation or prosecution,
63	63	including an investigation or prosecution of another person; or
64	64	(ii) if presented at any time following the
65	65	person's arrest, was dismissed or quashed, and the court finds that
66	66	the indictment or information was dismissed or quashed because the
67	67	person completed a pretrial intervention program authorized under
68	68	Section 76.011, Government Code, because the presentment had been
69	69	made because of mistake, false information, or other similar reason
70	70	indicating absence of probable cause at the time of the dismissal to
71	71	believe the person committed the offense, or because the indictment
72	72	or information was void; or
73	73	(B) prosecution of the person for the offense for
74	74	which the person was arrested is no longer possible because the
75	75	limitations period has expired.
76	76	(a-1) Notwithstanding any other provision of this article,
77	77	a person may not expunge offense records and files if the applicable
78	78	[relating to an] arrest occurred [that occurs] pursuant to a
79	79	warrant issued under Article 42A.751(b).
80	80	(a-2) Notwithstanding any other provision of this article,
81	81	a person who intentionally or knowingly absconds from the
82	82	jurisdiction after being released under Chapter 17 following an
83	83	arrest is not eligible under Subsection (a)(2)(A)(i)(a), (b), or
84	84	(c) or Subsection (a)(2)(B) for an expunction of the records and
85	85	files relating to that arrest and to the proceedings conducted
86	86	under Chapter 17.
87	87	(b) Except as provided by Subsection (c), a district court
88	88	may expunge all records and files relating to the offense with
89	89	respect to [arrest of] a person who has been arrested for commission
90	90	of a felony or misdemeanor under the procedure established under
91	91	Article 55.02 if:
92	92	(1) the person is:
93	93	(A) tried for the offense [for which the person
94	94	was arrested];
95	95	(B) convicted of the offense; and
96	96	(C) acquitted by the court of criminal appeals
97	97	or, if the period for granting a petition for discretionary review
98	98	has expired, by a court of appeals; or
99	99	(2) an office of the attorney representing the state
100	100	authorized by law to prosecute the offense for which the person was
101	101	arrested recommends the expunction to the appropriate district
102	102	court before the person is tried for the offense, regardless of
103	103	whether an indictment or information has been presented against the
104	104	person in relation to the offense.
105	105	(c) A court may not order the expunction of records and
106	106	files relating to [an arrest for] an offense for which a person is
107	107	subsequently acquitted, whether by the trial court, a court of
108	108	appeals, or the court of criminal appeals, if the offense for which
109	109	the person was acquitted arose out of a criminal episode, as defined
110	110	by Section 3.01, Penal Code, and the person was convicted of or
111	111	remains subject to prosecution for at least one other offense
112	112	occurring during the criminal episode.
113	113	(d) A person is entitled to have expunged any information
114	114	that identifies the person, including the person's name, address,
115	115	date of birth, driver's license number, and social security number,
116	116	contained in records and files relating to another person's [the]
117	117	arrest or to any ensuing criminal proceedings based on that arrest
118	118	[of another person expunged] if:
119	119	(1) the information identifying the person asserting
120	120	the entitlement to expunction was falsely given by the person
121	121	arrested as the arrested person's identifying information without
122	122	the consent of the person asserting the entitlement; and
123	123	(2) the only reason for the information identifying
124	124	the person asserting the entitlement being contained in the offense
125	125	[arrest] records and files of the person arrested is that the
126	126	information was falsely given by the person arrested as the
127	127	arrested person's identifying information.
128	128	SECTION 2. Section 2a(b), Article 55.02, Code of Criminal
129	129	Procedure, is amended to read as follows:
130	130	(b) The application must be verified, include authenticated
131	131	fingerprint records of the applicant, and include the following or
132	132	an explanation for why one or more of the following is not included:
133	133	(1) the applicant's full name, sex, race, date of
134	134	birth, driver's license number, social security number, and address
135	135	at the time the person who falsely identified himself or herself as
136	136	the applicant was arrested;
137	137	(2) the following information regarding the arrest:
138	138	(A) the date of arrest;
139	139	(B) the offense charged against the person
140	140	arrested;
141	141	(C) the name of the county or municipality in
142	142	which the arrest occurred; and
143	143	(D) the name of the arresting agency; and
144	144	(3) a statement that:
145	145	(A) the applicant is not the person arrested and
146	146	for whom the applicable [arrest] records and files were created;
147	147	and
148	148	(B) the applicant did not give the person
149	149	arrested consent to falsely identify himself or herself as the
150	150	applicant.
151	151	SECTION 3. Section 3(a), Article 55.02, Code of Criminal
152	152	Procedure, is amended to read as follows:
153	153	(a) In an order of expunction issued under this article, the
154	154	court shall require any state agency that sent information
155	155	concerning the offense [arrest] to a central federal depository to
156	156	request the depository to return all records and files subject to
157	157	the order of expunction. The person who is the subject of the
158	158	expunction order or an agency protesting the expunction may appeal
159	159	the court's decision in the same manner as in other civil cases.
160	160	SECTION 4. Section 4(a-1), Article 55.02, Code of Criminal
161	161	Procedure, is amended to read as follows:
162	162	(a-1) The court shall provide in its expunction order that
163	163	the applicable law enforcement agency and prosecuting attorney may
164	164	retain the offense [arrest] records and files of any person who
165	165	becomes entitled to an expunction of those records and files based
166	166	on the expiration of a period described by Article
167	167	55.01(a)(2)(A)(i)(a), (b), or (c), but without the certification of
168	168	the prosecuting attorney as described by Article
169	169	55.01(a)(2)(A)(i)(d).
170	170	SECTION 5. Article 55.03, Code of Criminal Procedure, is
171	171	amended to read as follows:
172	172	Art. 55.03. EFFECT OF EXPUNCTION. When the order of
173	173	expunction is final:
174	174	(1) the release, maintenance, dissemination, or use of
175	175	the expunged records and files for any purpose is prohibited;
176	176	(2) except as provided in Subdivision (3) [of this
177	177	article], the person arrested may deny:
178	178	(A) the occurrence of the arrest and any ensuing
179	179	criminal proceedings based on the arrest; and
180	180	(B) the existence of the expunction order; and
181	181	(3) the person arrested or any other person, when
182	182	questioned under oath in a criminal proceeding about an offense
183	183	[arrest] for which the records have been expunged, may state only
184	184	that the matter in question has been expunged.
185	185	SECTION 6. Section 1, Article 55.04, Code of Criminal
186	186	Procedure, is amended to read as follows:
187	187	Sec. 1. A person who, [acquires knowledge of an arrest]
188	188	while an officer or employee of the state or of any agency or other
189	189	entity of the state or any political subdivision of the state,
190	190	acquires knowledge of an arrest or of criminal proceedings based on
191	191	that arrest and who knows of an order expunging the records and
192	192	files relating to the applicable offense [that arrest] commits an
193	193	offense if the person [he] knowingly releases, disseminates, or
194	194	otherwise uses the records or files.
195	195	SECTION 7. This Act applies to an expunction of records and
196	196	files relating to any criminal offense that occurred before, on, or
197	197	after the effective date of this Act.
198	198	SECTION 8. This Act takes effect September 1, 2017.