Texas 2017 - 85th Regular

Texas House Bill HB670 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R15942 JRR-D
2		-	By: Canales H.B. No. 670
3		-	Substitute the following for H.B. No. 670:
4		-	By: Canales C.S.H.B. No. 670
	1	+	By: Canales, Thompson of Harris, White, H.B. No. 670
	2	+	Dutton, Collier
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the expunction of arrest records and files relating to
10	8		certain criminal offenses.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Chapter 55, Code of Criminal Procedure, is
13	11		amended by adding Article 55.012 to read as follows:
14	12		Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT MISDEMEANOR
15	13		OFFENSES. (a) A person who has been placed under a custodial or
16	14		noncustodial arrest for a misdemeanor offense other than a
17		-	misdemeanor offense under Chapter 42, 43, 46, or 71, Penal Code, or
18		-	Title 5, Penal Code, is entitled to have all records and files
19		-	related to the arrest expunged if:
	15	+	misdemeanor offense under Chapter 483, Health and Safety Code, or
	16	+	Section 48.02, Penal Code, Chapter 25, 42, 43, 46, or 71, Penal
	17	+	Code, or Title 5 or 8, Penal Code, is entitled to have all records
	18	+	and files related to the arrest expunged if:
20	19		(1) the person was placed on deferred adjudication
21	20		community supervision under Subchapter C, Chapter 42A, for the
22	21		misdemeanor offense and subsequently received a discharge and
23	22		dismissal under Article 42A.111;
24	23		(2) the person was not required to register as a sex
25	24		offender under Chapter 62 as a condition of or as a result of the
26	25		person's placement on deferred adjudication community supervision
27	26		as described by Subdivision (1);
28	27		(3) the person has not been convicted of or placed on
29	28		deferred adjudication community supervision under Subchapter C,
30		-	Chapter 42A, for ~~a Class B misdemeanor~~, ~~Class~~ A ~~misdemeanor, or~~
31		-	~~felony~~ committed after the date of the ~~misdemeanor offense for~~
32		-	which the person was placed on deferred ~~adjudication community~~
33		-	supervision;
	29	+	Chapter 42A, for any offense, other than a traffic offense
	30	+	punishable by fine only, committed after the date of the
	31	+	misdemeanor offense for which the person was placed on deferred
	32	+	adjudication community supervision;
34	33		(4) there are no charges pending against the person
35		-	for the commission of any offense, other than an offense ~~punishable~~
36		-	by fine only; and
	34	+	for the commission of any offense, other than a traffic offense
	35	+	punishable by fine only; and
37	36		(5) a period of not less than five years has passed
38	37		since the date on which the person received the discharge and
39	38		dismissal described by Subdivision (1).
40	39		(b) The person must submit an ex parte petition for
41	40		expunction to the court that placed the person on deferred
42	41		adjudication community supervision. The petition must be verified
43	42		and must contain:
44	43		(1) the information described by Section 2(b), Article
45	44		55.02; and
46	45		(2) a statement that:
47	46		(A) the person was not required to register as a
48	47		sex offender under Chapter 62 as a condition of or as a result of the
49	48		person's placement on deferred adjudication community supervision
50	49		by the court;
51	50		(B) the person has not been convicted of or
52	51		placed on deferred adjudication community supervision under
53		-	Subchapter C, Chapter 42A, for a ~~Class B misdemeanor, Class A~~
54		-	~~misdemeanor~~, ~~or felony~~ committed after the date of the ~~misdemeanor~~
55		-	offense for which the person was placed on deferred ~~adjudication~~
56		-	community supervision; and
	52	+	Subchapter C, Chapter 42A, for any offense, other than a traffic
	53	+	offense punishable by fine only, committed after the date of the
	54	+	misdemeanor offense for which the person was placed on deferred
	55	+	adjudication community supervision; and
57	56		(C) there are no charges pending against the
58		-	person for the commission of any offense, other than ~~an offense~~
59		-	punishable by fine only.
	57	+	person for the commission of any offense, other than a traffic
	58	+	offense punishable by fine only.
60	59		(c) If the court finds that the petitioner is entitled to
61	60		expunction of any arrest records and files that are the subject of
62	61		the petition, the court shall enter an order directing expunction
63	62		in a manner consistent with the procedures described by Section 1a,
64	63		Article 55.02.
65	64		SECTION 2. Section 109.005(a), Business & Commerce Code, is
66	65		amended to read as follows:
67	66		(a) A business entity may not publish any criminal record
68	67		information in the business entity's possession with respect to
69	68		which the business entity has knowledge or has received notice
70	69		that:
71	70		(1) an order of expunction has been issued under
72	71		Chapter 55 [Article 55.02], Code of Criminal Procedure; or
73	72		(2) an order of nondisclosure of criminal history
74	73		record information has been issued under Subchapter E-1, Chapter
75	74		411, Government Code.
76	75		SECTION 3. Article 55.011(b), Code of Criminal Procedure,
77	76		is amended to read as follows:
78	77		(b) A close relative of a deceased person who, if not
79	78		deceased, would be entitled to expunction of records and files
80	79		under this chapter [Article 55.01] may file on behalf of the
81	80		deceased person an ex parte petition for expunction under Section 2
82	81		or 2a, Article 55.02, or Article 55.012, as applicable. If the
83	82		court finds that the deceased person would be entitled to
84	83		expunction of any record or file that is the subject of the
85	84		petition, the court shall enter an order directing expunction.
86	85		SECTION 4. Article 102.006(b), Code of Criminal Procedure,
87	86		is amended to read as follows:
88	87		(b) The fees under Subsection (a) shall be waived if[:
89	88		[(1)] the petitioner:
90	89		(1) seeks expunction of a criminal record that relates
91	90		to an arrest for an offense of which the person was acquitted, other
92	91		than an acquittal for an offense described by Article 55.01(c), [;]
93	92		and
94	93		[(2)] the petition for expunction is filed not later
95	94		than the 30th day after the date of the acquittal; or
96	95		(2) is entitled to expunction under Chapter 55, and
97	96		the court finds that the petitioner is indigent.
98	97		SECTION 5. Section 411.0835, Government Code, is amended to
99	98		read as follows:
100	99		Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
101	100		CERTAIN PRIVATE ENTITIES. If the department receives information
102	101		indicating that a private entity that purchases criminal history
103	102		record information from the department has been found by a court to
104	103		have committed three or more violations of Section 552.1425 by
105	104		compiling or disseminating information with respect to which an
106	105		order of expunction has been issued under Chapter 55 [Article
107	106		55.02], Code of Criminal Procedure, or an order of nondisclosure of
108	107		criminal history record information has been issued under
109	108		Subchapter E-1, the department may not release any criminal history
110	109		record information to that entity until the first anniversary of
111	110		the date of the most recent violation.
112	111		SECTION 6. Section 411.0851(a), Government Code, is amended
113	112		to read as follows:
114	113		(a) A private entity that compiles and disseminates for
115	114		compensation criminal history record information shall destroy and
116	115		may not disseminate any information in the possession of the entity
117	116		with respect to which the entity has received notice that:
118	117		(1) an order of expunction has been issued under
119	118		Chapter 55 [Article 55.02], Code of Criminal Procedure; or
120	119		(2) an order of nondisclosure of criminal history
121	120		record information has been issued under Subchapter E-1.
122	121		SECTION 7. Section 411.151(b), Government Code, is amended
123	122		to read as follows:
124	123		(b) A person may petition for the expunction of a DNA record
125	124		under the procedures established under Article 55.02, Code of
126	125		Criminal Procedure, if the person is entitled to the expunction of
127	126		records relating to the offense to which the DNA record is related
128	127		under Chapter 55 [Article 55.01], Code of Criminal Procedure.
129	128		SECTION 8. Section 552.1425(a), Government Code, is amended
130	129		to read as follows:
131	130		(a) A private entity that compiles and disseminates for
132	131		compensation criminal history record information may not compile or
133	132		disseminate information with respect to which the entity has
134	133		received notice that:
135	134		(1) an order of expunction has been issued under
136	135		Chapter 55 [Article 55.02], Code of Criminal Procedure; or
137	136		(2) an order of nondisclosure of criminal history
138	137		record information has been issued under Subchapter E-1, Chapter
139	138		411.
140	139		SECTION 9. This Act applies to an expunction of arrest
141	140		records and files relating to any misdemeanor offense that occurred
142	141		before, on, or after the effective date of this Act.
143	142		SECTION 10. This Act takes effect September 1, 2017.