| 1 | | - | By: Burton, Huffines, Miles S.B. No. 325 |
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| 2 | | - | (In the Senate - Filed December 14, 2016; January 30, 2017, |
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| 3 | | - | read first time and referred to Committee on Criminal Justice; |
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| 4 | | - | March 20, 2017, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 9, Nays 0; March 20, 2017, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 325 By: Perry |
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| 1 | + | By: Burton, et al. S.B. No. 325 |
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| 9 | 2 | | |
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| 10 | 3 | | |
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| 11 | 4 | | A BILL TO BE ENTITLED |
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| 12 | 5 | | AN ACT |
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| 13 | 6 | | relating to the procedure for expunction of arrest records and |
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| 14 | 7 | | files for certain persons who are tried for an offense and |
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| 15 | 8 | | subsequently acquitted. |
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| 16 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 17 | 10 | | SECTION 1. Section 1, Article 55.02, Code of Criminal |
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| 18 | 11 | | Procedure, is amended to read as follows: |
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| 19 | 12 | | Sec. 1. At the request of the acquitted person [defendant] |
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| 20 | 13 | | and after notice to the state, or at the request of the attorney for |
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| 21 | 14 | | the state, the trial court presiding over the case in which the |
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| 22 | 15 | | person [defendant] was acquitted, if the trial court is a district |
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| 23 | 16 | | court, or a district court in the county in which the trial court is |
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| 24 | 17 | | located shall enter an order of expunction for a person entitled to |
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| 25 | 18 | | expunction under Article 55.01(a)(1)(A) not later than the 30th day |
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| 26 | 19 | | after the date of the acquittal. On [Upon] acquittal, the trial |
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| 27 | 20 | | court shall advise the acquitted person [defendant] of the right to |
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| 28 | 21 | | expunction. The party requesting the order of expunction |
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| 29 | 22 | | [defendant] shall provide to the district court all of the |
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| 30 | 23 | | information required in a petition for expunction under Section |
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| 31 | 24 | | 2(b). The attorney for the acquitted person [defendant] in the case |
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| 32 | 25 | | in which the person [defendant] was acquitted, if the person |
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| 33 | 26 | | [defendant] was represented by counsel, or the attorney for the |
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| 34 | 27 | | state, if the person [defendant] was not represented by counsel or |
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| 35 | 28 | | if the attorney for the state requested the order of expunction, |
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| 36 | 29 | | shall prepare the order for the court's signature. |
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| 37 | 30 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 31 | | to the expunction of arrest records and files related to a criminal |
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| 39 | 32 | | offense for which the trial of the offense begins on or after the |
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| 40 | 33 | | effective date of this Act. The expunction of arrest records and |
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| 41 | 34 | | files related to a criminal offense for which the trial of the |
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| 42 | 35 | | offense begins before the effective date of this Act is governed by |
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| 43 | 36 | | the law in effect on the date the trial begins, and the former law is |
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| 44 | 37 | | continued in effect for that purpose. |
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| 45 | 38 | | SECTION 3. This Act takes effect September 1, 2017. |
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