Texas 2017 - 85th Regular

Texas House Bill HB3139 Compare Versions

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

Old	New	Differences
1	1	85R12100 JSC-D
2	2	By: Dutton H.B. No. 3139
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expunction of arrest records for and issuance of
8	8	orders of nondisclosure for certain persons without the necessity
9	9	of filing a petition; imposing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 45.051(e), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(e) Regardless of whether the person has filed a petition
14	14	for expunction, a court that dismisses [Records relating to] a
15	15	complaint under [dismissed as provided by] this article shall order
16	16	the conviction, complaints, verdicts, sentences, and other
17	17	documents relating to the offense, including any documents in the
18	18	possession of a law enforcement agency, to [may] be expunged from
19	19	the person's record [under Article 55.01]. After entry of the
20	20	order, the person is released from all disabilities resulting from
21	21	the [If a] complaint [is] dismissed under this article, [there is
22	22	not a final conviction] and the complaint may not be shown or made
23	23	known [used against the person] for any purpose.
24	24	SECTION 2. Article 45.053(d), Code of Criminal Procedure,
25	25	is amended to read as follows:
26	26	(d) Regardless of whether the person has filed a petition
27	27	for expunction, a court that dismisses [Records relating to] a
28	28	complaint [dismissed] under this article shall order the
29	29	conviction, complaints, verdicts, sentences, and other documents
30	30	relating to the offense, including any documents in the possession
31	31	of a law enforcement agency, to [may] be expunged from the person's
32	32	record [under Article 55.01 of this code]. After entry of the
33	33	order, the person is released from all disabilities resulting from
34	34	the [If a] complaint [is] dismissed under this article, [there is
35	35	not a final conviction] and the complaint may not be shown or made
36	36	known [used against the person] for any purpose.
37	37	SECTION 3. Section 1, Article 55.02, Code of Criminal
38	38	Procedure, is amended to read as follows:
39	39	Sec. 1. The [At the request of the defendant and after
40	40	notice to the state, the] trial court presiding over the case in
41	41	which the person [defendant] was acquitted, if the trial court is a
42	42	district court, or a district court in the county in which the trial
43	43	court is located shall enter an order of expunction for a person
44	44	entitled to expunction under Article 55.01(a)(1)(A) not later than
45	45	the 30th day after the date of the acquittal. [Upon acquittal, the
46	46	trial court shall advise the defendant of the right to expunction.
47	47	The defendant shall provide to the district court all of the
48	48	information required in a petition for expunction under Section
49	49	2(b).] The person's attorney [for the defendant] in the case in
50	50	which the person [defendant] was acquitted, if the acquitted person
51	51	[defendant] was represented by counsel, or the attorney for the
52	52	state, if the acquitted person [defendant] was not represented by
53	53	counsel, shall prepare the order for the court's signature. If the
54	54	trial court is not a district court, the trial court shall forward
55	55	the proposed order, and all information required in a petition for
56	56	expunction under Section 2(b), to a district court in the county to
57	57	proceed in the manner provided by this section.
58	58	SECTION 4. Sections 2(a) and (d), Article 55.02, Code of
59	59	Criminal Procedure, are amended to read as follows:
60	60	(a) On behalf of a [A] person who is entitled to expunction
61	61	of records and files under Article 55.01(a)(1)(B)(i) or 55.01(a)(2)
62	62	or a person who is eligible for expunction of records and files
63	63	under Article 55.01(b), not later than the 90th day after the date
64	64	the person becomes entitled to or eligible for expunction, the
65	65	attorney representing the state whose office prosecuted or would
66	66	have prosecuted the offense or who is recommending expunction under
67	67	Article 55.01(b)(2), as applicable, shall [may] file an ex parte
68	68	petition for expunction in a district court for the county in which:
69	69	(1) the petitioner was arrested; or
70	70	(2) the offense was alleged to have occurred.
71	71	(d) If the court finds that [the petitioner, or] a person
72	72	for whom an ex parte petition is filed under this section
73	73	[Subsection (e),] is entitled to expunction of any records and
74	74	files that are the subject of the petition, it shall enter an order
75	75	directing expunction.
76	76	SECTION 5. Subchapter E-1, Chapter 411, Government Code, is
77	77	amended by adding Section 411.0738 to read as follows:
78	78	Sec. 411.0738. ENTRY OF ORDER WITHOUT PETITION. (a) This
79	79	section applies to a person who is eligible for an order of
80	80	nondisclosure of criminal history record information under this
81	81	subchapter, other than a person who is eligible for the order under
82	82	Section 411.072.
83	83	(b) Notwithstanding any other provision of this subchapter
84	84	or Subchapter F, as soon as practicable after the date on which a
85	85	person described by Subsection (a) becomes eligible to file a
86	86	petition under this subchapter, the court in which the person was
87	87	convicted or that placed the person on deferred adjudication
88	88	community supervision shall, without requiring the person to file a
89	89	petition, determine whether the person satisfies the requirements
90	90	of Section 411.074 to receive an order of nondisclosure under this
91	91	subchapter.
92	92	(c) If the court makes a finding that the requirements of
93	93	Section 411.074 are satisfied, the court shall notify the person
94	94	that an action for an order of nondisclosure of criminal history
95	95	record information is pending under this subchapter and provide the
96	96	person with instructions on providing any necessary evidence and
97	97	paying the fee.
98	98	(d) The person shall present to the court any evidence
99	99	requested by the court that is necessary to establish that the
100	100	person is eligible to receive an order of nondisclosure of criminal
101	101	history record information under this section.
102	102	(e) The person must pay a $28 fee to the clerk of the court
103	103	before the court issues the order.
104	104	(f) On receipt of any information requested under
105	105	Subsection (d) and the fee required under Subsection (e), the court
106	106	shall issue an order of nondisclosure of criminal history record
107	107	information under this subchapter prohibiting criminal justice
108	108	agencies from disclosing to the public criminal history record
109	109	information related to the offense for which the person was
110	110	convicted or giving rise to the deferred adjudication community
111	111	supervision.
112	112	SECTION 6. Articles 45.051 and 45.053, Code of Criminal
113	113	Procedure, as amended by this Act, apply to a charge that is
114	114	dismissed on or after the effective date of this Act, regardless of
115	115	whether the underlying offense occurred before, on, or after that
116	116	date.
117	117	SECTION 7. (a) Section 1, Article 55.02, Code of Criminal
118	118	Procedure, as amended by this Act, applies to the expunction of
119	119	arrest records and files for a person entitled to that expunction
120	120	under Article 55.01(a)(1)(A), Code of Criminal Procedure, before,
121	121	on, or after the effective date of this Act, regardless of when the
122	122	underlying arrest occurred.
123	123	(b) For a person who is entitled to expunction under Article
124	124	55.01(a)(1)(A), Code of Criminal Procedure, based on an acquittal
125	125	that occurred before the effective date of this Act,
126	126	notwithstanding the 30-day time limit provided for the court to
127	127	enter an automatic order of expunction under Section 1, Article
128	128	55.02, Code of Criminal Procedure, as amended by this Act, the court
129	129	shall enter an order of expunction for the person as soon as
130	130	practicable after the court receives written notice from any party
131	131	to the case about the person's entitlement to the expunction.
132	132	SECTION 8. Sections 2(a) and (d), Article 55.02, Code of
133	133	Criminal Procedure, as amended by this Act, apply only to an arrest
134	134	that occurs on or after the effective date of this Act.
135	135	SECTION 9. Section 411.0738, Government Code, as added by
136	136	this Act, applies to a person who becomes eligible for an order of
137	137	nondisclosure of criminal history record information on or after
138	138	the effective date of this Act, regardless of whether the
139	139	underlying offense that is the subject of the criminal history
140	140	record information occurred before, on, or after that date.
141	141	SECTION 10. This Act takes effect September 1, 2017.