Texas 2017 - 85th Regular

Texas House Bill HB325 Compare Versions

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

Old	New	Differences
1	1	85R1905 ADM-D
2	2	By: Canales H.B. No. 325
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expunction of arrest records and files relating to
8	8	certain nonviolent offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 55, Code of Criminal Procedure, is
11	11	amended by adding Article 55.012 to read as follows:
12	12	Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT OFFENSES.
13	13	(a) A person who has been placed under a custodial or noncustodial
14	14	arrest for an offense other than an offense under Title 5, Penal
15	15	Code, is entitled to have all records and files related to the
16	16	arrest expunged if:
17	17	(1) the person was placed on deferred adjudication
18	18	community supervision under Subchapter C, Chapter 42A, for the
19	19	offense and subsequently received a discharge and dismissal in the
20	20	case under Article 42A.111;
21	21	(2) the person has not been arrested for the
22	22	commission of any Class B misdemeanor, Class A misdemeanor, or
23	23	felony committed after the date of the offense for which the person
24	24	was placed on deferred adjudication community supervision; and
25	25	(3) since the date on which the person received a
26	26	discharge and dismissal as described by Subdivision (1):
27	27	(A) a period of not less than five years has
28	28	passed, if the offense for which the person received the discharge
29	29	and dismissal was a misdemeanor; or
30	30	(B) a period of not less than 10 years has passed,
31	31	if the offense for which the person received the discharge and
32	32	dismissal was a felony.
33	33	(b) The person must submit an ex parte petition for
34	34	expunction to the court that granted the deferred adjudication
35	35	community supervision. The petition must be verified and must
36	36	contain:
37	37	(1) the information described by Section 2(b), Article
38	38	55.02; and
39	39	(2) a statement that the person has not been arrested
40	40	for the commission of any Class B misdemeanor, Class A misdemeanor,
41	41	or felony committed after the date of the offense for which the
42	42	person was placed on deferred adjudication community supervision.
43	43	(c) If the court finds that the petitioner is entitled to
44	44	expunction of any arrest records and files that are the subject of
45	45	the petition, the court shall enter an order directing expunction
46	46	in a manner consistent with the procedures described by Section 1a,
47	47	Article 55.02.
48	48	SECTION 2. Section 109.005(a), Business & Commerce Code, is
49	49	amended to read as follows:
50	50	(a) A business entity may not publish any criminal record
51	51	information in the business entity's possession with respect to
52	52	which the business entity has knowledge or has received notice
53	53	that:
54	54	(1) an order of expunction has been issued under
55	55	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
56	56	(2) an order of nondisclosure of criminal history
57	57	record information has been issued under Subchapter E-1, Chapter
58	58	411, Government Code.
59	59	SECTION 3. Article 55.011(b), Code of Criminal Procedure,
60	60	is amended to read as follows:
61	61	(b) A close relative of a deceased person who, if not
62	62	deceased, would be entitled to expunction of records and files
63	63	under this chapter [Article 55.01] may file on behalf of the
64	64	deceased person an ex parte petition for expunction under Section 2
65	65	or 2a, Article 55.02, or Article 55.012, as applicable. If the
66	66	court finds that the deceased person would be entitled to
67	67	expunction of any record or file that is the subject of the
68	68	petition, the court shall enter an order directing expunction.
69	69	SECTION 4. Section 411.0835, Government Code, is amended to
70	70	read as follows:
71	71	Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
72	72	CERTAIN PRIVATE ENTITIES. If the department receives information
73	73	indicating that a private entity that purchases criminal history
74	74	record information from the department has been found by a court to
75	75	have committed three or more violations of Section 552.1425 by
76	76	compiling or disseminating information with respect to which an
77	77	order of expunction has been issued under Chapter 55 [Article
78	78	55.02], Code of Criminal Procedure, or an order of nondisclosure of
79	79	criminal history record information has been issued under
80	80	Subchapter E-1, the department may not release any criminal history
81	81	record information to that entity until the first anniversary of
82	82	the date of the most recent violation.
83	83	SECTION 5. Section 411.0851(a), Government Code, is amended
84	84	to read as follows:
85	85	(a) A private entity that compiles and disseminates for
86	86	compensation criminal history record information shall destroy and
87	87	may not disseminate any information in the possession of the entity
88	88	with respect to which the entity has received notice that:
89	89	(1) an order of expunction has been issued under
90	90	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
91	91	(2) an order of nondisclosure of criminal history
92	92	record information has been issued under Subchapter E-1.
93	93	SECTION 6. Section 411.151(b), Government Code, is amended
94	94	to read as follows:
95	95	(b) A person may petition for the expunction of a DNA record
96	96	under the procedures established under Article 55.02, Code of
97	97	Criminal Procedure, if the person is entitled to the expunction of
98	98	records relating to the offense to which the DNA record is related
99	99	under Chapter 55 [Article 55.01], Code of Criminal Procedure.
100	100	SECTION 7. Section 552.1425(a), Government Code, is amended
101	101	to read as follows:
102	102	(a) A private entity that compiles and disseminates for
103	103	compensation criminal history record information may not compile or
104	104	disseminate information with respect to which the entity has
105	105	received notice that:
106	106	(1) an order of expunction has been issued under
107	107	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
108	108	(2) an order of nondisclosure of criminal history
109	109	record information has been issued under Subchapter E-1, Chapter
110	110	411.
111	111	SECTION 8. This Act applies to an expunction of records and
112	112	files relating to any criminal offense that occurred before, on, or
113	113	after the effective date of this Act.
114	114	SECTION 9. This Act takes effect September 1, 2017.