Texas 2017 - 85th Regular

Texas House Bill HB3147 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: White (Senate Sponsor - Menéndez) H.B. No. 3147
2		-	(In the Senate - Received from the House May 10, 2017;
3		-	May 12, 2017, read first time and referred to Committee on Criminal
4		-	Justice; May 21, 2017, reported favorably by the following vote:
5		-	Yeas 7, Nays 0; May 21, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3147
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the entitlement to expunction for certain persons who
12	6		are arrested solely as a result of inaccurate identifying
13	7		information.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Article 55.01(d), Code of Criminal Procedure, is
16	10		amended to read as follows:
17	11		(d) A person is entitled to obtain the expunction of [have]
18	12		any information that identifies the person, including the person's
19	13		name, address, date of birth, driver's license number, and social
20	14		security number, contained in records and files relating to the
21	15		person's arrest or the arrest of another person [expunged] if:
22	16		(1) the expunction of identifying information is
23	17		sought with respect to the arrest of the person asserting the
24	18		entitlement and the person was arrested solely as a result of
25	19		identifying information that was inaccurate due to a clerical
26	20		error; or
27	21		(2) the expunction of identifying information is
28	22		sought with respect to the arrest of a person other than the person
29	23		asserting the entitlement and:
30	24		(A) the information identifying the person
31	25		asserting the entitlement [to expunction] was falsely given by the
32	26		arrested person [arrested] as the arrested person's identifying
33	27		information without the consent of the person asserting the
34	28		entitlement; and
35	29		(B) [(2)] the only reason why [for] the
36	30		identifying information of [identifying] the person asserting the
37	31		entitlement is [being] contained in the applicable arrest records
38	32		and files [of the person arrested] is because of the deception of
39	33		[that the information was falsely given by] the arrested person
40	34		[arrested as the arrested person's identifying information].
41	35		SECTION 2. Section 2a(b), Article 55.02, Code of Criminal
42	36		Procedure, is amended to read as follows:
43	37		(b) The application must be verified, include authenticated
44	38		fingerprint records of the applicant, and include the following or
45	39		an explanation for why one or more of the following is not included:
46	40		(1) the applicant's full name, sex, race, date of
47	41		birth, driver's license number, social security number, and address
48	42		at the time of the applicable arrest [the person who falsely
49	43		identified himself or herself as the applicant was arrested];
50	44		(2) the following information regarding the arrest:
51	45		(A) the date of arrest;
52	46		(B) the offense charged against the person
53	47		arrested;
54	48		(C) the name of the county or municipality in
55	49		which the arrest occurred; and
56	50		(D) the name of the arresting agency; and
57	51		(3) a statement, as appropriate, that the applicant:
58	52		(A) was arrested solely as a result of
59	53		identifying information that was inaccurate due to a clerical
60	54		error; or
61	55		(B) [the applicant] is not the person arrested
62	56		and for whom the arrest records and files were created[;] and
63	57		[(B) the applicant] did not give the arrested
64	58		person [arrested] consent to falsely identify himself or herself as
65	59		the applicant.
66	60		SECTION 3. This Act applies to the expunction of arrest
67	61		records and files for a person whose entitlement to expunction
68	62		under Article 55.01(d), Code of Criminal Procedure, as amended by
69	63		this Act, arises before, on, or after the effective date of this
70	64		Act, regardless of when the underlying arrest occurred.
71	65		SECTION 4. This Act takes effect September 1, 2017.
72		-	* * * * *
	66	+	______________________________ ______________________________
	67	+	President of the Senate Speaker of the House
	68	+	I certify that H.B. No. 3147 was passed by the House on May 9,
	69	+	2017, by the following vote: Yeas 145, Nays 0, 2 present, not
	70	+	voting.
	71	+	______________________________
	72	+	Chief Clerk of the House
	73	+	I certify that H.B. No. 3147 was passed by the Senate on May
	74	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	75	+	______________________________
	76	+	Secretary of the Senate
	77	+	APPROVED: _____________________
	78	+	Date
	79	+	_____________________
	80	+	Governor