Texas 2017 - 85th Regular

Texas House Bill HB666 Compare Versions

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

Old	New	Differences
1	1	85R4187 JRR-D
2	2	By: Canales H.B. No. 666
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 misdemeanor 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 MISDEMEANOR
13	13	OFFENSES. (a) A person who has been placed under a custodial or
14	14	noncustodial arrest for a misdemeanor offense other than a
15	15	misdemeanor offense under Title 5, Penal Code, is entitled to have
16	16	all records and files related to the 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	misdemeanor offense and subsequently received a discharge and
20	20	dismissal 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 misdemeanor offense for
24	24	which the person was placed on deferred adjudication community
25	25	supervision; and
26	26	(3) a period of not less than five years has passed
27	27	since the date on which the person received the discharge and
28	28	dismissal described by Subdivision (1).
29	29	(b) The person must submit an ex parte petition for
30	30	expunction to the court that granted the deferred adjudication
31	31	community supervision. The petition must be verified and must
32	32	contain:
33	33	(1) the information described by Section 2(b), Article
34	34	55.02; and
35	35	(2) a statement that the person has not been arrested
36	36	for the commission of any Class B misdemeanor, Class A misdemeanor,
37	37	or felony committed after the date of the misdemeanor offense for
38	38	which the person was placed on deferred adjudication community
39	39	supervision.
40	40	(c) If the court finds that the petitioner is entitled to
41	41	expunction of any arrest records and files that are the subject of
42	42	the petition, the court shall enter an order directing expunction
43	43	in a manner consistent with the procedures described by Section 1a,
44	44	Article 55.02.
45	45	SECTION 2. Section 109.005(a), Business & Commerce Code, is
46	46	amended to read as follows:
47	47	(a) A business entity may not publish any criminal record
48	48	information in the business entity's possession with respect to
49	49	which the business entity has knowledge or has received notice
50	50	that:
51	51	(1) an order of expunction has been issued under
52	52	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
53	53	(2) an order of nondisclosure of criminal history
54	54	record information has been issued under Subchapter E-1, Chapter
55	55	411, Government Code.
56	56	SECTION 3. Article 55.011(b), Code of Criminal Procedure,
57	57	is amended to read as follows:
58	58	(b) A close relative of a deceased person who, if not
59	59	deceased, would be entitled to expunction of records and files
60	60	under this chapter [Article 55.01] may file on behalf of the
61	61	deceased person an ex parte petition for expunction under Section 2
62	62	or 2a, Article 55.02, or Article 55.012, as applicable. If the
63	63	court finds that the deceased person would be entitled to
64	64	expunction of any record or file that is the subject of the
65	65	petition, the court shall enter an order directing expunction.
66	66	SECTION 4. Section 411.0835, Government Code, is amended to
67	67	read as follows:
68	68	Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
69	69	CERTAIN PRIVATE ENTITIES. If the department receives information
70	70	indicating that a private entity that purchases criminal history
71	71	record information from the department has been found by a court to
72	72	have committed three or more violations of Section 552.1425 by
73	73	compiling or disseminating information with respect to which an
74	74	order of expunction has been issued under Chapter 55 [Article
75	75	55.02], Code of Criminal Procedure, or an order of nondisclosure of
76	76	criminal history record information has been issued under
77	77	Subchapter E-1, the department may not release any criminal history
78	78	record information to that entity until the first anniversary of
79	79	the date of the most recent violation.
80	80	SECTION 5. Section 411.0851(a), Government Code, is amended
81	81	to read as follows:
82	82	(a) A private entity that compiles and disseminates for
83	83	compensation criminal history record information shall destroy and
84	84	may not disseminate any information in the possession of the entity
85	85	with respect to which the entity has received notice that:
86	86	(1) an order of expunction has been issued under
87	87	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
88	88	(2) an order of nondisclosure of criminal history
89	89	record information has been issued under Subchapter E-1.
90	90	SECTION 6. Section 411.151(b), Government Code, is amended
91	91	to read as follows:
92	92	(b) A person may petition for the expunction of a DNA record
93	93	under the procedures established under Article 55.02, Code of
94	94	Criminal Procedure, if the person is entitled to the expunction of
95	95	records relating to the offense to which the DNA record is related
96	96	under Chapter 55 [Article 55.01], Code of Criminal Procedure.
97	97	SECTION 7. Section 552.1425(a), Government Code, is amended
98	98	to read as follows:
99	99	(a) A private entity that compiles and disseminates for
100	100	compensation criminal history record information may not compile or
101	101	disseminate information with respect to which the entity has
102	102	received notice that:
103	103	(1) an order of expunction has been issued under
104	104	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
105	105	(2) an order of nondisclosure of criminal history
106	106	record information has been issued under Subchapter E-1, Chapter
107	107	411.
108	108	SECTION 8. This Act applies to an expunction of records and
109	109	files relating to any misdemeanor offense that occurred before, on,
110	110	or after the effective date of this Act.
111	111	SECTION 9. This Act takes effect September 1, 2017.