| 1 | 1 | | 86R1054 JRR-D |
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| 2 | 2 | | By: Canales H.B. No. 176 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting a person's waiver of a right to an |
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| 8 | 8 | | expunction or to an order of nondisclosure of criminal history |
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| 9 | 9 | | record information with respect to a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 55.01, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsection (e) to read as follows: |
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| 13 | 13 | | (e) Notwithstanding Article 1.14(a), a person may not |
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| 14 | 14 | | waive, as part of an agreement regarding the disposition of |
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| 15 | 15 | | criminal charges based on the person's commission of an alleged |
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| 16 | 16 | | offense, any right of the person to an expunction under this chapter |
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| 17 | 17 | | that may exist in relation to that offense on or after the date the |
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| 18 | 18 | | waiver is signed, unless the waiver relates solely to records and |
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| 19 | 19 | | files in the possession of the attorney representing the state in |
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| 20 | 20 | | the person's case. A purported waiver of that right that is |
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| 21 | 21 | | executed in violation of this subsection is void. |
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| 22 | 22 | | SECTION 2. Section 4, Article 55.02, Code of Criminal |
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| 23 | 23 | | Procedure, is amended by adding Subsection (a-3) and amending |
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| 24 | 24 | | Subsection (b) to read as follows: |
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| 25 | 25 | | (a-3) The court shall provide in its expunction order that |
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| 26 | 26 | | the attorney representing the state may retain the arrest records |
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| 27 | 27 | | and files of a person who is the subject of the expunction order if |
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| 28 | 28 | | the person has signed a waiver authorized under Article 55.01(e). |
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| 29 | 29 | | (b) Unless the person who is the subject of the expunction |
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| 30 | 30 | | order is again arrested for or charged with an offense arising out |
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| 31 | 31 | | of the transaction for which the person was arrested or unless the |
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| 32 | 32 | | court provides for the retention of records and files under |
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| 33 | 33 | | Subsection (a-1), [or] (a-2), or (a-3), the provisions of Articles |
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| 34 | 34 | | 55.03 and 55.04 apply to files and records retained under this |
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| 35 | 35 | | section. |
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| 36 | 36 | | SECTION 3. Subchapter E-1, Chapter 411, Government Code, is |
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| 37 | 37 | | amended by adding Section 411.078 to read as follows: |
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| 38 | 38 | | Sec. 411.078. WAIVER OF RIGHT TO ORDER OF NONDISCLOSURE |
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| 39 | 39 | | PROHIBITED. Notwithstanding Article 1.14(a), Code of Criminal |
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| 40 | 40 | | Procedure, a person may not waive, as part of an agreement regarding |
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| 41 | 41 | | the disposition of criminal charges based on the person's |
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| 42 | 42 | | commission of an alleged offense, any right of the person to an |
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| 43 | 43 | | order of nondisclosure of criminal history record information under |
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| 44 | 44 | | this subchapter that may exist in relation to that offense on or |
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| 45 | 45 | | after the date the waiver is signed. A purported waiver of that |
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| 46 | 46 | | right is void. |
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| 47 | 47 | | SECTION 4. The changes in law made by this Act apply only to |
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| 48 | 48 | | a waiver of a person's right to an expunction or an order of |
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| 49 | 49 | | nondisclosure of criminal history record information made on or |
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| 50 | 50 | | after the effective date of this Act. A waiver made before the |
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| 51 | 51 | | effective date of this Act is governed by the law in effect on the |
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| 52 | 52 | | date the waiver was made, and the former law is continued in effect |
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| 53 | 53 | | for that purpose. |
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| 54 | 54 | | SECTION 5. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2019. |
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