Texas 2017 - 85th Regular

Texas House Bill HB2903 Compare Versions

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

Old	New	Differences
1	1	85R11508 JRR-D
2	2	By: Muñoz, Jr. H.B. No. 2903
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the entitlement of certain persons to the expunction of
8	8	arrest records and files.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 55.01(a) and (b), Code of Criminal
11	11	Procedure, are amended to read as follows:
12	12	(a) A person who has been placed under a custodial or
13	13	noncustodial arrest for commission of either a felony or
14	14	misdemeanor is entitled to have all records and files relating to
15	15	the arrest expunged if:
16	16	(1) the person is tried for the offense for which the
17	17	person was arrested and is:
18	18	(A) acquitted by the trial court, except as
19	19	provided by Subsection (c); or
20	20	(B) convicted and subsequently:
21	21	(i) pardoned for a reason other than that
22	22	described by Subparagraph (ii); or
23	23	(ii) pardoned or otherwise granted relief
24	24	on the basis of actual innocence with respect to that offense, if
25	25	the applicable pardon or court order clearly indicates on its face
26	26	that the pardon or order was granted or rendered on the basis of the
27	27	person's actual innocence; or
28	28	(2) the person has been released and the charge, if
29	29	any, has not resulted in a final conviction and is no longer pending
30	30	and there was no court-ordered community supervision under Chapter
31	31	42A for the offense, unless the offense is a Class C misdemeanor,
32	32	provided that:
33	33	(A) regardless of whether any statute of
34	34	limitations exists for the offense and whether any limitations
35	35	period for the offense has expired, an indictment or information
36	36	charging the person with the commission of a misdemeanor offense
37	37	based on the person's arrest or charging the person with the
38	38	commission of any felony offense arising out of the same
39	39	transaction for which the person was arrested:
40	40	(i) has not been presented against the
41	41	person at any time following the arrest, and:
42	42	(a) at least 180 days have elapsed
43	43	from the date of arrest if the arrest for which the expunction was
44	44	sought was for an offense punishable as a Class C misdemeanor and if
45	45	there was no felony charge arising out of the same transaction for
46	46	which the person was arrested;
47	47	(b) at least one year has elapsed from
48	48	the date of arrest if the arrest for which the expunction was sought
49	49	was for an offense punishable as a Class B or A misdemeanor and if
50	50	there was no felony charge arising out of the same transaction for
51	51	which the person was arrested;
52	52	(c) at least three years have elapsed
53	53	from the date of arrest if the arrest for which the expunction was
54	54	sought was for an offense punishable as a felony or if there was a
55	55	felony charge arising out of the same transaction for which the
56	56	person was arrested; or
57	57	(d) the attorney representing the
58	58	state certifies that the applicable arrest records and files are
59	59	not needed for use in any criminal investigation or prosecution,
60	60	including an investigation or prosecution of another person; or
61	61	(ii) if presented at any time following the
62	62	arrest, was dismissed or quashed, and the court finds that the
63	63	indictment or information was dismissed or quashed because the
64	64	person completed a pretrial intervention program authorized under
65	65	Section 76.011, Government Code, because the presentment had been
66	66	made because of mistake, false information, or other similar reason
67	67	indicating absence of probable cause at the time of the dismissal to
68	68	believe the person committed the offense, or because the indictment
69	69	or information was void; [or]
70	70	(B) prosecution of the person for the offense for
71	71	which the person was arrested is no longer possible because the
72	72	limitations period has expired; or
73	73	(C) an office of the attorney representing the
74	74	state authorized by law to prosecute the offense for which the
75	75	person was arrested recommends the expunction to the appropriate
76	76	district court, regardless of whether an indictment or information
77	77	has been presented against the person in relation to the offense.
78	78	(b) Except as provided by Subsection (c), a district court
79	79	may expunge all records and files relating to the arrest of a person
80	80	who has been arrested for commission of a felony or misdemeanor
81	81	under the procedure established under Article 55.02 if[:
82	82	[(1)] the person is:
83	83	(1) [(A)] tried for the offense for which the person
84	84	was arrested;
85	85	(2) [(B)] convicted of the offense; and
86	86	(3) [(C)] acquitted by the court of criminal appeals
87	87	or, if the period for granting a petition for discretionary review
88	88	has expired, by a court of appeals[; or
89	89	[(2) an office of the attorney representing the state
90	90	authorized by law to prosecute the offense for which the person was
91	91	arrested recommends the expunction to the appropriate district
92	92	court before the person is tried for the offense, regardless of
93	93	whether an indictment or information has been presented against the
94	94	person in relation to the offense].
95	95	SECTION 2. Chapter 55, Code of Criminal Procedure, is
96	96	amended by adding Article 55.012 to read as follows:
97	97	Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT MISDEMEANOR
98	98	OFFENSES. (a) A person who has been placed under a custodial or
99	99	noncustodial arrest for a misdemeanor offense other than a
100	100	misdemeanor offense under Title 5, Penal Code, is entitled to have
101	101	all records and files related to the arrest expunged if:
102	102	(1) the person was placed on deferred adjudication
103	103	community supervision under Subchapter C, Chapter 42A, for the
104	104	misdemeanor offense and subsequently received a discharge and
105	105	dismissal under Article 42A.111;
106	106	(2) the person has not been arrested for the
107	107	commission of any Class B misdemeanor, Class A misdemeanor, or
108	108	felony committed after the date of the misdemeanor offense for
109	109	which the person was placed on deferred adjudication community
110	110	supervision; and
111	111	(3) the attorney representing the state recommends the
112	112	expunction to the court that granted the deferred adjudication
113	113	community supervision or a period of not less than five years has
114	114	passed since the date on which the person received the discharge and
115	115	dismissal described by Subdivision (1).
116	116	(b) The person must submit an ex parte petition for
117	117	expunction to the court that granted the deferred adjudication
118	118	community supervision. The petition must be verified and must
119	119	contain:
120	120	(1) the information described by Section 2(b), Article
121	121	55.02; and
122	122	(2) a statement that the person has not been arrested
123	123	for the commission of any Class B misdemeanor, Class A misdemeanor,
124	124	or felony committed after the date of the misdemeanor offense for
125	125	which the person was placed on deferred adjudication community
126	126	supervision.
127	127	(c) If the court finds that the petitioner is entitled to
128	128	expunction of any arrest records and files that are the subject of
129	129	the petition, the court shall enter an order directing expunction
130	130	in a manner consistent with the procedures described by Section 1a,
131	131	Article 55.02.
132	132	SECTION 3. Section 109.005(a), Business & Commerce Code, is
133	133	amended to read as follows:
134	134	(a) A business entity may not publish any criminal record
135	135	information in the business entity's possession with respect to
136	136	which the business entity has knowledge or has received notice
137	137	that:
138	138	(1) an order of expunction has been issued under
139	139	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
140	140	(2) an order of nondisclosure of criminal history
141	141	record information has been issued under Subchapter E-1, Chapter
142	142	411, Government Code.
143	143	SECTION 4. Article 55.011(b), Code of Criminal Procedure,
144	144	is amended to read as follows:
145	145	(b) A close relative of a deceased person who, if not
146	146	deceased, would be entitled to expunction of records and files
147	147	under this chapter [Article 55.01] may file on behalf of the
148	148	deceased person an ex parte petition for expunction under Section 2
149	149	or 2a, Article 55.02, or Article 55.012, as applicable. If the
150	150	court finds that the deceased person would be entitled to
151	151	expunction of any record or file that is the subject of the
152	152	petition, the court shall enter an order directing expunction.
153	153	SECTION 5. Section 411.0835, Government Code, is amended to
154	154	read as follows:
155	155	Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
156	156	CERTAIN PRIVATE ENTITIES. If the department receives information
157	157	indicating that a private entity that purchases criminal history
158	158	record information from the department has been found by a court to
159	159	have committed three or more violations of Section 552.1425 by
160	160	compiling or disseminating information with respect to which an
161	161	order of expunction has been issued under Chapter 55 [Article
162	162	55.02], Code of Criminal Procedure, or an order of nondisclosure of
163	163	criminal history record information has been issued under
164	164	Subchapter E-1, the department may not release any criminal history
165	165	record information to that entity until the first anniversary of
166	166	the date of the most recent violation.
167	167	SECTION 6. Section 411.0851(a), Government Code, is amended
168	168	to read as follows:
169	169	(a) A private entity that compiles and disseminates for
170	170	compensation criminal history record information shall destroy and
171	171	may not disseminate any information in the possession of the entity
172	172	with respect to which the entity has received notice that:
173	173	(1) an order of expunction has been issued under
174	174	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
175	175	(2) an order of nondisclosure of criminal history
176	176	record information has been issued under Subchapter E-1.
177	177	SECTION 7. Section 411.151(b), Government Code, is amended
178	178	to read as follows:
179	179	(b) A person may petition for the expunction of a DNA record
180	180	under the procedures established under Article 55.02, Code of
181	181	Criminal Procedure, if the person is entitled to the expunction of
182	182	records relating to the offense to which the DNA record is related
183	183	under Chapter 55 [Article 55.01], Code of Criminal Procedure.
184	184	SECTION 8. Section 552.1425(a), Government Code, is amended
185	185	to read as follows:
186	186	(a) A private entity that compiles and disseminates for
187	187	compensation criminal history record information may not compile or
188	188	disseminate information with respect to which the entity has
189	189	received notice that:
190	190	(1) an order of expunction has been issued under
191	191	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
192	192	(2) an order of nondisclosure of criminal history
193	193	record information has been issued under Subchapter E-1, Chapter
194	194	411.
195	195	SECTION 9. 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 10. This Act takes effect September 1, 2017.