86R3726 GCB-D
By: Moody, Coleman H.B. No. 1320
A BILL TO BE ENTITLED
AN ACT
relating to the operation of, participation in, and effects of
successful completion of a mental health court program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-4) to
read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that
described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; or
(2) the person has been released and the charge, if
any, has not resulted in a final conviction and is no longer pending
and there was no court-ordered community supervision under Chapter
42A for the offense, unless the offense is a Class C misdemeanor,
provided that:
(A) regardless of whether any statute of
limitations exists for the offense and whether any limitations
period for the offense has expired, an indictment or information
charging the person with the commission of a misdemeanor offense
based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same
transaction for which the person was arrested:
(i) has not been presented against the
person at any time following the arrest, and:
(a) at least 180 days have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class C misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(b) at least one year has elapsed from
the date of arrest if the arrest for which the expunction was sought
was for an offense punishable as a Class B or A misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(c) at least three years have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a felony or if there was a
felony charge arising out of the same transaction for which the
person was arrested; or
(d) the attorney representing the
state certifies that the applicable arrest records and files are
not needed for use in any criminal investigation or prosecution,
including an investigation or prosecution of another person; or
(ii) if presented at any time following the
arrest, was dismissed or quashed, and the court finds that the
indictment or information was dismissed or quashed because:
(a) the person completed a veterans
treatment court program created under Chapter 124, Government Code,
or former law, subject to Subsection (a-3);
(b) the person completed a mental
health court program created under Chapter 125, Government Code, or
former law, subject to Subsection (a-4);
(c) the person completed a pretrial
intervention program authorized under Section 76.011, Government
Code, other than a veterans treatment court program created under
Chapter 124, Government Code, or former law, or a mental health
court program created under Chapter 125, Government Code, or former
law;
(d) [(c)] the presentment had been
made because of mistake, false information, or other similar reason
indicating absence of probable cause at the time of the dismissal to
believe the person committed the offense; or
(e) [(d)] the indictment or
information was void; or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired.
(a-4) A person is eligible under Subsection
(a)(2)(A)(ii)(b) for an expunction of arrest records and files only
if:
(1) the person has not previously received an
expunction of arrest records and files under that sub-subparagraph;
and
(2) the person submits to the court an affidavit
attesting to that fact.
SECTION 2. Section 1a, Article 55.02, Code of Criminal
Procedure, is amended by adding Subsection (a-2) to read as
follows:
(a-2) A trial court dismissing a case following a person's
successful completion of a mental health court program created
under Chapter 125, Government Code, or former law, if the trial
court is a district court, or a district court in the county in
which the trial court is located may, with the consent of the
attorney representing the state, enter an order of expunction for a
person entitled to expunction under Article 55.01(a)(2)(A)(ii)(b)
not later than the 30th day after the date the court dismisses the
case or receives the information regarding that dismissal, as
applicable. Notwithstanding any other law, a court that enters an
order for expunction under this subsection may not charge any fee or
assess any cost for the expunction.
SECTION 3. Article 102.006(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In addition to any other fees required by other law and
except as provided by Subsections [Subsection] (b) and (b-1), a
petitioner seeking expunction of a criminal record in a district
court shall pay the following fees:
(1) the fee charged for filing an ex parte petition in
a civil action in district court;
(2) $1 plus postage for each certified mailing of
notice of the hearing date; and
(3) $2 plus postage for each certified mailing of
certified copies of an order of expunction.
SECTION 4. Article 102.006(b), Code of Criminal Procedure,
as amended by Chapters 693 (H.B. 322) and 1149 (H.B. 557), Acts of
the 85th Legislature, Regular Session, 2017, is reenacted and
amended to read as follows:
(b) The fees under Subsection (a) or the fee under
Subsection (a-1), as applicable, shall be waived if the petitioner
[:
[(1)] seeks expunction of a criminal record that
relates to an arrest for an offense of which the person was
acquitted, other than an acquittal for an offense described by
Article 55.01(c), and the petition for expunction is filed not
later than the 30th day after the date of the acquittal [; or
[(2) is entitled to expunction under Article
55.01(a)(2)(A)(ii)(a) after successful completion of a veterans
treatment court program created under Chapter 124, Government Code,
or former law].
SECTION 5. Article 102.006, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
(b-1) The fees under Subsection (a) shall be waived if the
petitioner is entitled to expunction:
(1) under Article 55.01(a)(2)(A)(ii)(a) after
successful completion of a veterans treatment court program created
under Chapter 124, Government Code, or former law; or
(2) under Article 55.01(a)(2)(A)(ii)(b) after
successful completion of a mental health court program created
under Chapter 125, Government Code, or former law.
SECTION 6. Section 125.001, Government Code, is amended to
read as follows:
Sec. 125.001. MENTAL HEALTH COURT PROGRAM DEFINED;
PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "mental
health court program" means a program that has the following
essential characteristics:
(1) the integration of mental illness treatment
services and mental retardation services in the processing of cases
in the judicial system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety and to
protect the due process rights of program participants;
(3) early identification and prompt placement of
eligible participants in the program;
(4) access to mental illness treatment services and
mental retardation services;
(5) ongoing judicial interaction with program
participants;
(6) diversion of potentially mentally ill or mentally
retarded defendants to needed services as an alternative to
subjecting those defendants to the criminal justice system;
(7) monitoring and evaluation of program goals and
effectiveness;
(8) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(9) development of partnerships with public agencies
and community organizations, including local mental retardation
authorities.
(b) If a defendant successfully completes a mental health
court program, after notice to the attorney representing the state
and a hearing in the mental health court at which that court
determines that a dismissal is in the best interest of justice, the
mental health court shall provide to the court in which the criminal
case is pending information about the dismissal and shall include
all of the information required about the defendant for a petition
for expunction under Section 2(b), Article 55.02, Code of Criminal
Procedure. The court in which the criminal case is pending shall
dismiss the case against the defendant and:
(1) if that trial court is a district court, the court
may, with the consent of the attorney representing the state, enter
an order of expunction on behalf of the defendant under Section
1a(a-2), Article 55.02, Code of Criminal Procedure; or
(2) if that trial court is not a district court, the
court may, with the consent of the attorney representing the state,
forward the appropriate dismissal and expunction information to
enable a district court with jurisdiction to enter an order of
expunction on behalf of the defendant under Section 1a(a-2),
Article 55.02, Code of Criminal Procedure.
SECTION 7. Chapter 125, Government Code, is amended by
adding Sections 125.0025 and 125.005 to read as follows:
Sec. 125.0025. ESTABLISHMENT OF REGIONAL PROGRAM. The
commissioners courts of two or more counties may elect to establish
a regional mental health court program under this chapter for the
participating counties.
Sec. 125.005. PROGRAM IN CERTAIN COUNTIES MANDATORY. (a)
The commissioners court of a county with a population of more than
200,000 shall:
(1) establish a mental health court program under
Section 125.002; and
(2) direct the judge, magistrate, or coordinator to
comply with Section 121.002(c)(1).
(b) A county required under this section to establish a
mental health court program shall apply for federal and state funds
available to pay the costs of the program. The criminal justice
division of the governor's office may assist a county in applying
for federal funds as required by this subsection.
(c) Notwithstanding Subsection (a), a county is required to
establish a mental health court program under this section only if:
(1) the county receives federal or state funding
specifically for that purpose; and
(2) the judge, magistrate, or coordinator receives the
verification described by Section 121.002(c)(2).
(d) A county that does not establish a mental health court
program as required by this section and maintain the program is
ineligible to receive funds for a community supervision and
corrections department from the state.
SECTION 8. (a) Except as provided by Subsection (b) of
this section, this Act applies to the expunction of arrest records
and files for a person who successfully completes a mental health
court program under Chapter 125, Government Code, or former law
before, on, or after the effective date of this Act, regardless of
when the underlying arrest occurred.
(b) The change in law made by this Act to Article 102.006,
Code of Criminal Procedure, applies to the fees charged or costs
assessed for an expunction order entered on or after the effective
date of this Act, regardless of whether the underlying arrest
occurred before, on, or after the effective date of this Act.
(c) For a person who is entitled to expunction under Article
55.01(a)(2)(A)(ii)(b), Code of Criminal Procedure, as amended by
this Act, based on a successful completion of a mental health court
program under Chapter 125, Government Code, or former law before
the effective date of this Act, notwithstanding the 30-day time
limit provided for the court to enter an automatic order of
expunction under Section 1a(a-2), Article 55.02, Code of Criminal
Procedure, as added by this Act, the court may, with the consent of
the attorney representing the state, enter an order of expunction
for the person as soon as practicable after the court receives
written notice from any party to the case about the person's
entitlement to the expunction.
SECTION 9. This Act takes effect September 1, 2019.