Texas 2017 - 85th Regular

Texas House Bill HB4020 Compare Versions

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

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1	1	By: Collier H.B. No. 4020
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the automatic expunction of arrest records and files
7	7	for certain veterans who successfully complete a veterans court
8	8	pretrial intervention program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 55.01(a), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(a) A person who has been placed under a custodial or
13	13	noncustodial arrest for commission of either a felony or
14	14	misdemeanor is entitled to have all records and files relating to
15	15	the arrest expunged if:
16	16	(1) the person is tried for the offense for which the
17	17	person was arrested and is:
18	18	(A) acquitted by the trial court, except as
19	19	provided by Subsection (c); or
20	20	(B) convicted and subsequently:
21	21	(i) pardoned for a reason other than that
22	22	described by Subparagraph (ii); or
23	23	(ii) pardoned or otherwise granted relief
24	24	on the basis of actual innocence with respect to that offense, if
25	25	the applicable pardon or court order clearly indicates on its face
26	26	that the pardon or order was granted or rendered on the basis of the
27	27	person's actual innocence; or
28	28	(2) the person has been released and the charge, if
29	29	any, has not resulted in a final conviction and is no longer pending
30	30	and there was no court-ordered community supervision under Article
31	31	42.12 for the offense, unless the offense is a Class C misdemeanor,
32	32	provided that:
33	33	(A) regardless of whether any statute of
34	34	limitations exists for the offense and whether any limitations
35	35	period for the offense has expired, an indictment or information
36	36	charging the person with the commission of a misdemeanor offense
37	37	based on the person's arrest or charging the person with the
38	38	commission of any felony offense arising out of the same
39	39	transaction for which the person was arrested:
40	40	(i) has not been presented against the
41	41	person at any time following the arrest, and:
42	42	(a) at least 180 days have elapsed
43	43	from the date of arrest if the arrest for which the expunction was
44	44	sought was for an offense punishable as a Class C misdemeanor and if
45	45	there was no felony charge arising out of the same transaction for
46	46	which the person was arrested;
47	47	(b) at least one year has elapsed from
48	48	the date of arrest if the arrest for which the expunction was sought
49	49	was for an offense punishable as a Class B or A misdemeanor and if
50	50	there was no felony charge arising out of the same transaction for
51	51	which the person was arrested;
52	52	(c) at least three years have elapsed
53	53	from the date of arrest if the arrest for which the expunction was
54	54	sought was for an offense punishable as a felony or if there was a
55	55	felony charge arising out of the same transaction for which the
56	56	person was arrested; or
57	57	(d) the attorney representing the
58	58	state certifies that the applicable arrest records and files are
59	59	not needed for use in any criminal investigation or prosecution,
60	60	including an investigation or prosecution of another person; or
61	61	(ii) if presented at any time following the
62	62	arrest, was dismissed or quashed, and the court finds that the
63	63	indictment or information was dismissed or quashed because:
64	64	(a) the person completed a veterans
65	65	court program created under Chapter 124, Government Code, or former
66	66	law;
67	67	(b) the person completed a pretrial
68	68	intervention program authorized under Section 76.011, Government
69	69	Code, other than a veterans court program created under Chapter
70	70	124, Government Code, or former law;
71	71	(c) [because] the presentment had
72	72	been made because of mistake, false information, or other similar
73	73	reason indicating absence of probable cause at the time of the
74	74	dismissal to believe the person committed the offense; or
75	75	(d) [, or because] the indictment or
76	76	information was void; or
77	77	(B) prosecution of the person for the offense for
78	78	which the person was arrested is no longer possible because the
79	79	limitations period has expired.
80	80	SECTION 2. Section 1a, Article 55.02, Code of Criminal
81	81	Procedure, is amended by adding Subsection (a-1) to read as
82	82	follows:
83	83	(a-1) A trial court dismissing a case following a person's
84	84	successful completion of a veterans court program created under
85	85	Chapter 124, Government Code, or former law, if the trial court is a
86	86	district court, or a district court in the county in which the trial
87	87	court is located shall enter an order of expunction for a person
88	88	entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) not
89	89	later than the 30th day after the date the court dismisses the case
90	90	or receives the information regarding that dismissal, as
91	91	applicable.
92	92	SECTION 3. Section 2(a), Article 55.02, Code of Criminal
93	93	Procedure, is amended to read as follows:
94	94	(a) A person who is entitled to expunction of records and
95	95	files under Article 55.01(a)(1)(B)(i) or under Article
96	96	55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person
97	97	who is eligible for expunction of records and files under Article
98	98	55.01(b) may file an ex parte petition for expunction in a district
99	99	court for the county in which:
100	100	(1) the petitioner was arrested; or
101	101	(2) the offense was alleged to have occurred.
102	102	SECTION 4. Section 124.001(b), Government Code, is amended
103	103	to read as follows:
104	104	(b) If a defendant successfully completes a veterans court
105	105	program [as authorized under Section 76.011], after notice to the
106	106	attorney representing the state and a hearing in the veterans court
107	107	at which that court determines that a dismissal is in the best
108	108	interest of justice, the veterans court shall provide to the court
109	109	in which the criminal case is pending information about the
110	110	dismissal and shall include all of the information required about
111	111	the defendant for a petition for expunction under Section 2(b),
112	112	Article 55.02, Code of Criminal Procedure. The court in which the
113	113	criminal case is pending shall dismiss the criminal action against
114	114	the defendant and:
115	115	(1) if that trial court is a district court, the court
116	116	shall enter an order of expunction on behalf of the defendant under
117	117	Section 1a(a-1), Article 55.02, Code of Criminal Procedure; or
118	118	(2) if that trial court is not a district court, the
119	119	court shall forward the appropriate dismissal and expunction
120	120	information to a district court with jurisdiction to enter an order
121	121	of expunction on behalf of the defendant under Section 1a(a-1),
122	122	Article 55.02, Code of Criminal Procedure.
123	123	SECTION 5. (a) This Act applies to the expunction of arrest
124	124	records and files for a person who successfully completes a
125	125	veterans court program under Chapter 124, Government Code, or
126	126	former law, before, on, or after the effective date of this Act,
127	127	regardless of when the underlying arrest occurred.
128	128	(b) For a person who is entitled to expunction under Article
129	129	55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by
130	130	this Act, based on a successful completion of a veterans court
131	131	program under Chapter 124, Government Code, or former law, before
132	132	the effective date of this Act, notwithstanding the 30-day time
133	133	limit provided for the court to enter an automatic order of
134	134	expunction under Section 1a(a-1), Article 55.02, Code of Criminal
135	135	Procedure, as added by this Act, the court shall enter an order of
136	136	expunction for the person as soon as practicable after the court
137	137	receives written notice from any party to the case about the
138	138	person's entitlement to the expunction.
139	139	SECTION 6. This Act takes effect September 1, 2017.