85R12100 JSC-D
By: Dutton H.B. No. 3139
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of arrest records for and issuance of
orders of nondisclosure for certain persons without the necessity
of filing a petition; imposing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.051(e), Code of Criminal Procedure,
is amended to read as follows:
(e) Regardless of whether the person has filed a petition
for expunction, a court that dismisses [Records relating to] a
complaint under [dismissed as provided by] this article shall order
the conviction, complaints, verdicts, sentences, and other
documents relating to the offense, including any documents in the
possession of a law enforcement agency, to [may] be expunged from
the person's record [under Article 55.01]. After entry of the
order, the person is released from all disabilities resulting from
the [If a] complaint [is] dismissed under this article, [there is
not a final conviction] and the complaint may not be shown or made
known [used against the person] for any purpose.
SECTION 2. Article 45.053(d), Code of Criminal Procedure,
is amended to read as follows:
(d) Regardless of whether the person has filed a petition
for expunction, a court that dismisses [Records relating to] a
complaint [dismissed] under this article shall order the
conviction, complaints, verdicts, sentences, and other documents
relating to the offense, including any documents in the possession
of a law enforcement agency, to [may] be expunged from the person's
record [under Article 55.01 of this code]. After entry of the
order, the person is released from all disabilities resulting from
the [If a] complaint [is] dismissed under this article, [there is
not a final conviction] and the complaint may not be shown or made
known [used against the person] for any purpose.
SECTION 3. Section 1, Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. The [At the request of the defendant and after
notice to the state, the] trial court presiding over the case in
which the person [defendant] was acquitted, 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 a person
entitled to expunction under Article 55.01(a)(1)(A) not later than
the 30th day after the date of the acquittal. [Upon acquittal, the
trial court shall advise the defendant of the right to expunction.
The defendant shall provide to the district court all of the
information required in a petition for expunction under Section
2(b).] The person's attorney [for the defendant] in the case in
which the person [defendant] was acquitted, if the acquitted person
[defendant] was represented by counsel, or the attorney for the
state, if the acquitted person [defendant] was not represented by
counsel, shall prepare the order for the court's signature. If the
trial court is not a district court, the trial court shall forward
the proposed order, and all information required in a petition for
expunction under Section 2(b), to a district court in the county to
proceed in the manner provided by this section.
SECTION 4. Sections 2(a) and (d), Article 55.02, Code of
Criminal Procedure, are amended to read as follows:
(a) On behalf of 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), not later than the 90th day after the date
the person becomes entitled to or eligible for expunction, the
attorney representing the state whose office prosecuted or would
have prosecuted the offense or who is recommending expunction under
Article 55.01(b)(2), as applicable, shall [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 this section
[Subsection (e),] is entitled to expunction of any records and
files that are the subject of the petition, it shall enter an order
directing expunction.
SECTION 5. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0738 to read as follows:
Sec. 411.0738. ENTRY OF ORDER WITHOUT PETITION. (a) This
section applies to a person who is eligible for an order of
nondisclosure of criminal history record information under this
subchapter, other than a person who is eligible for the order under
Section 411.072.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, as soon as practicable after the date on which a
person described by Subsection (a) becomes eligible to file a
petition under this subchapter, the court in which the person was
convicted or that placed the person on deferred adjudication
community supervision shall, without requiring the person to file a
petition, determine whether the person satisfies the requirements
of Section 411.074 to receive an order of nondisclosure under this
subchapter.
(c) If the court makes a finding that the requirements of
Section 411.074 are satisfied, the court shall notify the person
that an action for an order of nondisclosure of criminal history
record information is pending under this subchapter and provide the
person with instructions on providing any necessary evidence and
paying the fee.
(d) The person shall present to the court any evidence
requested by the court that is necessary to establish that the
person is eligible to receive an order of nondisclosure of criminal
history record information under this section.
(e) The person must pay a $28 fee to the clerk of the court
before the court issues the order.
(f) On receipt of any information requested under
Subsection (d) and the fee required under Subsection (e), the court
shall issue an order of nondisclosure of criminal history record
information under this subchapter prohibiting criminal justice
agencies from disclosing to the public criminal history record
information related to the offense for which the person was
convicted or giving rise to the deferred adjudication community
supervision.
SECTION 6. Articles 45.051 and 45.053, Code of Criminal
Procedure, as amended by this Act, apply to a charge that is
dismissed on or after the effective date of this Act, regardless of
whether the underlying offense occurred before, on, or after that
date.
SECTION 7. (a) Section 1, Article 55.02, Code of Criminal
Procedure, as amended by this Act, applies to the expunction of
arrest records and files for a person entitled to that expunction
under Article 55.01(a)(1)(A), Code of Criminal Procedure, before,
on, or after the effective date of this Act, regardless of when the
underlying arrest occurred.
(b) For a person who is entitled to expunction under Article
55.01(a)(1)(A), Code of Criminal Procedure, based on an acquittal
that occurred 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 1, 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 8. Sections 2(a) and (d), Article 55.02, Code of
Criminal Procedure, as amended by this Act, apply only to an arrest
that occurs on or after the effective date of this Act.
SECTION 9. Section 411.0738, Government Code, as added by
this Act, applies to a person who becomes eligible for an order of
nondisclosure of criminal history record information on or after
the effective date of this Act, regardless of whether the
underlying offense that is the subject of the criminal history
record information occurred before, on, or after that date.
SECTION 10. This Act takes effect September 1, 2017.