By: White (Senate Sponsor - Menéndez) H.B. No. 3147
(In the Senate - Received from the House May 10, 2017;
May 12, 2017, read first time and referred to Committee on Criminal
Justice; May 21, 2017, reported favorably by the following vote:
Yeas 7, Nays 0; May 21, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the entitlement to expunction for certain persons who
are arrested solely as a result of inaccurate identifying
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01(d), Code of Criminal Procedure, is
amended to read as follows:
(d) A person is entitled to obtain the expunction of [have]
any information that identifies the person, including the person's
name, address, date of birth, driver's license number, and social
security number, contained in records and files relating to the
person's arrest or the arrest of another person [expunged] if:
(1) the expunction of identifying information is
sought with respect to the arrest of the person asserting the
entitlement and the person was arrested solely as a result of
identifying information that was inaccurate due to a clerical
error; or
(2) the expunction of identifying information is
sought with respect to the arrest of a person other than the person
asserting the entitlement and:
(A) the information identifying the person
asserting the entitlement [to expunction] was falsely given by the
arrested person [arrested] as the arrested person's identifying
information without the consent of the person asserting the
entitlement; and
(B) [(2)] the only reason why [for] the
identifying information of [identifying] the person asserting the
entitlement is [being] contained in the applicable arrest records
and files [of the person arrested] is because of the deception of
[that the information was falsely given by] the arrested person
[arrested as the arrested person's identifying information].
SECTION 2. Section 2a(b), Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
(b) The application must be verified, include authenticated
fingerprint records of the applicant, and include the following or
an explanation for why one or more of the following is not included:
(1) the applicant's full name, sex, race, date of
birth, driver's license number, social security number, and address
at the time of the applicable arrest [the person who falsely
identified himself or herself as the applicant was arrested];
(2) the following information regarding the arrest:
(A) the date of arrest;
(B) the offense charged against the person
arrested;
(C) the name of the county or municipality in
which the arrest occurred; and
(D) the name of the arresting agency; and
(3) a statement, as appropriate, that the applicant:
(A) was arrested solely as a result of
identifying information that was inaccurate due to a clerical
error; or
(B) [the applicant] is not the person arrested
and for whom the arrest records and files were created[;] and
[(B) the applicant] did not give the arrested
person [arrested] consent to falsely identify himself or herself as
the applicant.
SECTION 3. This Act applies to the expunction of arrest
records and files for a person whose entitlement to expunction
under Article 55.01(d), Code of Criminal Procedure, as amended by
this Act, arises before, on, or after the effective date of this
Act, regardless of when the underlying arrest occurred.
SECTION 4. This Act takes effect September 1, 2017.
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