Texas 2019 - 86th Regular

Texas House Bill HB4028 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13578 JRR-D
2	2	By: Dominguez H.B. No. 4028
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expunction of arrest records and files relating to
8	8	certain nonviolent criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 55, Code of Criminal Procedure, is
11	11	amended by adding Article 55.012 to read as follows:
12	12	Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT OFFENSES.
13	13	(a) A person who has been placed under a custodial or noncustodial
14	14	arrest for a misdemeanor or state jail felony other than an offense
15	15	under Chapter 25, 42, 43, 46, or 71, Penal Code, or Title 5 or 8,
16	16	Penal Code, is entitled to have all records and files related to the
17	17	arrest expunged if:
18	18	(1) the person was placed on deferred adjudication
19	19	community supervision under Subchapter C, Chapter 42A, for the
20	20	offense and subsequently received a dismissal and discharge under
21	21	Article 42A.111;
22	22	(2) the person was not required to register as a sex
23	23	offender under Chapter 62 as a condition of or as a result of the
24	24	person's placement on deferred adjudication community supervision
25	25	as described by Subdivision (1);
26	26	(3) the person has not been convicted of or placed on
27	27	deferred adjudication community supervision under Subchapter C,
28	28	Chapter 42A, for an offense, other than a traffic offense
29	29	punishable by fine only, committed after the date of the offense for
30	30	which the person was placed on deferred adjudication community
31	31	supervision as described by Subdivision (1);
32	32	(4) there are no charges pending against the person
33	33	for the commission of any offense, other than a traffic offense
34	34	punishable by fine only; and
35	35	(5) a period of not less than five years has passed
36	36	since the date on which the person received the dismissal and
37	37	discharge described by Subdivision (1).
38	38	(b) The person must submit an ex parte petition for
39	39	expunction to the court that placed the person on deferred
40	40	adjudication community supervision. The petition must be verified
41	41	and must contain:
42	42	(1) the information described by Section 2(b), Article
43	43	55.02; and
44	44	(2) a statement that:
45	45	(A) the person was not required to register as a
46	46	sex offender under Chapter 62 as a condition of or as a result of the
47	47	person's placement on deferred adjudication community supervision
48	48	by the court;
49	49	(B) the person has not been convicted of or
50	50	placed on deferred adjudication community supervision under
51	51	Subchapter C, Chapter 42A, for an offense, other than a traffic
52	52	offense punishable by fine only, committed after the date of the
53	53	offense for which the person seeks an order of expunction; and
54	54	(C) there are no charges pending against the
55	55	person for the commission of any offense, other than a traffic
56	56	offense punishable by fine only.
57	57	(c) If the court finds that the petitioner is entitled to
58	58	expunction of any arrest records and files that are the subject of
59	59	the petition, the court shall enter an order directing expunction
60	60	in a manner consistent with the procedures described by Section 1a,
61	61	Article 55.02.
62	62	SECTION 2. Section 109.005(a), Business & Commerce Code, is
63	63	amended to read as follows:
64	64	(a) A business entity may not publish any criminal record
65	65	information in the business entity's possession with respect to
66	66	which the business entity has knowledge or has received notice
67	67	that:
68	68	(1) an order of expunction has been issued under
69	69	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
70	70	(2) an order of nondisclosure of criminal history
71	71	record information has been issued under Subchapter E-1, Chapter
72	72	411, Government Code.
73	73	SECTION 3. Article 55.011(b), Code of Criminal Procedure,
74	74	is amended to read as follows:
75	75	(b) A close relative of a deceased person who, if not
76	76	deceased, would be entitled to expunction of records and files
77	77	under this chapter [Article 55.01] may file on behalf of the
78	78	deceased person an ex parte petition for expunction under Section 2
79	79	or 2a, Article 55.02, or Article 55.012, as applicable. If the
80	80	court finds that the deceased person would be entitled to
81	81	expunction of any record or file that is the subject of the
82	82	petition, the court shall enter an order directing expunction.
83	83	SECTION 4. Article 102.006(b), Code of Criminal Procedure,
84	84	as amended by Chapters 693 (H.B. 322) and 1149 (H.B. 557), Acts of
85	85	the 85th Legislature, Regular Session, 2017, is reenacted and
86	86	amended to read as follows:
87	87	(b) The fees under Subsection (a) or the fee under
88	88	Subsection (a-1), as applicable, shall be waived if the petitioner:
89	89	(1) seeks expunction of a criminal record that relates
90	90	to an arrest for an offense of which the person was acquitted, other
91	91	than an acquittal for an offense described by Article 55.01(c), and
92	92	the petition for expunction is filed not later than the 30th day
93	93	after the date of the acquittal; [or]
94	94	(2) is entitled to expunction under Article
95	95	55.01(a)(2)(A)(ii)(a) after successful completion of a veterans
96	96	treatment court program created under Chapter 124, Government Code,
97	97	or former law; or
98	98	(3) is entitled to expunction under any other
99	99	provision of Chapter 55, and the court finds that the petitioner is
100	100	indigent.
101	101	SECTION 5. Section 411.0835, Government Code, is amended to
102	102	read as follows:
103	103	Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
104	104	CERTAIN PRIVATE ENTITIES. If the department receives information
105	105	indicating that a private entity that purchases criminal history
106	106	record information from the department has been found by a court to
107	107	have committed three or more violations of Section 552.1425 by
108	108	compiling or disseminating information with respect to which an
109	109	order of expunction has been issued under Chapter 55 [Article
110	110	55.02], Code of Criminal Procedure, or an order of nondisclosure of
111	111	criminal history record information has been issued under
112	112	Subchapter E-1, the department may not release any criminal history
113	113	record information to that entity until the first anniversary of
114	114	the date of the most recent violation.
115	115	SECTION 6. Section 411.0851(a), Government Code, is amended
116	116	to read as follows:
117	117	(a) A private entity that compiles and disseminates for
118	118	compensation criminal history record information shall destroy and
119	119	may not disseminate any information in the possession of the entity
120	120	with respect to which the entity has received notice that:
121	121	(1) an order of expunction has been issued under
122	122	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
123	123	(2) an order of nondisclosure of criminal history
124	124	record information has been issued under Subchapter E-1.
125	125	SECTION 7. Section 411.151(b), Government Code, is amended
126	126	to read as follows:
127	127	(b) A person may petition for the expunction of a DNA record
128	128	under the procedures established under Article 55.02, Code of
129	129	Criminal Procedure, if the person is entitled to the expunction of
130	130	records relating to the offense to which the DNA record is related
131	131	under Chapter 55 [Article 55.01], Code of Criminal Procedure.
132	132	SECTION 8. Section 552.1425(a), Government Code, is amended
133	133	to read as follows:
134	134	(a) A private entity that compiles and disseminates for
135	135	compensation criminal history record information may not compile or
136	136	disseminate information with respect to which the entity has
137	137	received notice that:
138	138	(1) an order of expunction has been issued under
139	139	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
140	140	(2) an order of nondisclosure of criminal history
141	141	record information has been issued under Subchapter E-1, Chapter
142	142	411.
143	143	SECTION 9. This Act applies to an expunction of arrest
144	144	records and files relating to any misdemeanor or state jail felony
145	145	that occurred before, on, or after the effective date of this Act.
146	146	SECTION 10. This Act takes effect September 1, 2019.