86R1054 JRR-D
By: Canales H.B. No. 176
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting a person's waiver of a right to an
expunction or to an order of nondisclosure of criminal history
record information with respect to a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) Notwithstanding Article 1.14(a), a person may not
waive, as part of an agreement regarding the disposition of
criminal charges based on the person's commission of an alleged
offense, any right of the person to an expunction under this chapter
that may exist in relation to that offense on or after the date the
waiver is signed, unless the waiver relates solely to records and
files in the possession of the attorney representing the state in
the person's case. A purported waiver of that right that is
executed in violation of this subsection is void.
SECTION 2. Section 4, Article 55.02, Code of Criminal
Procedure, is amended by adding Subsection (a-3) and amending
Subsection (b) to read as follows:
(a-3) The court shall provide in its expunction order that
the attorney representing the state may retain the arrest records
and files of a person who is the subject of the expunction order if
the person has signed a waiver authorized under Article 55.01(e).
(b) Unless the person who is the subject of the expunction
order is again arrested for or charged with an offense arising out
of the transaction for which the person was arrested or unless the
court provides for the retention of records and files under
Subsection (a-1), [or] (a-2), or (a-3), the provisions of Articles
55.03 and 55.04 apply to files and records retained under this
section.
SECTION 3. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.078 to read as follows:
Sec. 411.078. WAIVER OF RIGHT TO ORDER OF NONDISCLOSURE
PROHIBITED. Notwithstanding Article 1.14(a), Code of Criminal
Procedure, a person may not waive, as part of an agreement regarding
the disposition of criminal charges based on the person's
commission of an alleged offense, any right of the person to an
order of nondisclosure of criminal history record information under
this subchapter that may exist in relation to that offense on or
after the date the waiver is signed. A purported waiver of that
right is void.
SECTION 4. The changes in law made by this Act apply only to
a waiver of a person's right to an expunction or an order of
nondisclosure of criminal history record information made on or
after the effective date of this Act. A waiver made before the
effective date of this Act is governed by the law in effect on the
date the waiver was made, and the former law is continued in effect
for that purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.