Texas 2019 - 86th Regular

Texas House Bill HB64 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R1071 ADM-D
2		-	By: Canales, Longoria, Collier, Moody, H.B. No. 64
3		-	Thompson of Harris
	2	+	By: Canales H.B. No. 64
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to the expunction of arrest records and files relating to
9	8		certain criminal offenses.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Chapter 55, Code of Criminal Procedure, is
12	11		amended by adding Article 55.012 to read as follows:
13	12		Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT MISDEMEANOR
14	13		OFFENSES. (a) A person who has been placed under a custodial or
15	14		noncustodial arrest for a misdemeanor offense other than a
16	15		misdemeanor offense under Chapter 483, Health and Safety Code,
17	16		Section 48.02, Penal Code, Chapter 25, 42, 43, 46, or 71, Penal
18	17		Code, or Title 5 or 8, Penal Code, is entitled to have all records
19	18		and files related to the arrest expunged if:
20	19		(1) the person was placed on deferred adjudication
21	20		community supervision under Subchapter C, Chapter 42A, for the
22	21		misdemeanor offense and subsequently received a dismissal and
23	22		discharge under Article 42A.111;
24	23		(2) the person was not required to register as a sex
25	24		offender under Chapter 62 as a condition of or as a result of the
26	25		person's placement on deferred adjudication community supervision
27	26		as described by Subdivision (1);
28	27		(3) the person has not been convicted of or placed on
29	28		deferred adjudication community supervision under Subchapter C,
30	29		Chapter 42A, for an offense, other than a traffic offense
31	30		punishable by fine only, committed after the date of the
32	31		misdemeanor offense for which the person was placed on deferred
33	32		adjudication community supervision;
34	33		(4) there are no charges pending against the person
35	34		for the commission of any offense, other than a traffic offense
36	35		punishable by fine only; and
37	36		(5) a period of not less than five years has passed
38	37		since the date on which the person received the dismissal and
39	38		discharge described by Subdivision (1).
40	39		(b) The person must submit an ex parte petition for
41	40		expunction to the court that placed the person on deferred
42	41		adjudication community supervision. The petition must be verified
43	42		and must contain:
44	43		(1) the information described by Section 2(b), Article
45	44		55.02; and
46	45		(2) a statement that:
47	46		(A) the person was not required to register as a
48	47		sex offender under Chapter 62 as a condition of or as a result of the
49	48		person's placement on deferred adjudication community supervision
50	49		by the court;
51	50		(B) the person has not been convicted of or
52	51		placed on deferred adjudication community supervision under
53	52		Subchapter C, Chapter 42A, for an offense, other than a traffic
54	53		offense punishable by fine only, committed after the date of the
55	54		misdemeanor offense for which the person was placed on deferred
56	55		adjudication community supervision; and
57	56		(C) there are no charges pending against the
58	57		person for the commission of any offense, other than a traffic
59	58		offense punishable by fine only.
60	59		(c) If the court finds that the petitioner is entitled to
61	60		expunction of any arrest records and files that are the subject of
62	61		the petition, the court shall enter an order directing expunction
63	62		in a manner consistent with the procedures described by Section 1a,
64	63		Article 55.02.
65	64		SECTION 2. Section 109.005(a), Business & Commerce Code, is
66	65		amended to read as follows:
67	66		(a) A business entity may not publish any criminal record
68	67		information in the business entity's possession with respect to
69	68		which the business entity has knowledge or has received notice
70	69		that:
71	70		(1) an order of expunction has been issued under
72	71		Chapter 55 [Article 55.02], Code of Criminal Procedure; or
73	72		(2) an order of nondisclosure of criminal history
74	73		record information has been issued under Subchapter E-1, Chapter
75	74		411, Government Code.
76	75		SECTION 3. Article 55.011(b), Code of Criminal Procedure,
77	76		is amended to read as follows:
78	77		(b) A close relative of a deceased person who, if not
79	78		deceased, would be entitled to expunction of records and files
80	79		under this chapter [Article 55.01] may file on behalf of the
81	80		deceased person an ex parte petition for expunction under Section 2
82	81		or 2a, Article 55.02, or Article 55.012, as applicable. If the
83	82		court finds that the deceased person would be entitled to
84	83		expunction of any record or file that is the subject of the
85	84		petition, the court shall enter an order directing expunction.
86	85		SECTION 4. Article 102.006(b), Code of Criminal Procedure,
87	86		as amended by Chapters 693 (H.B. 322) and 1149 (H.B. 557), Acts of
88	87		the 85th Legislature, Regular Session, 2017, is reenacted and
89	88		amended to read as follows:
90	89		(b) The fees under Subsection (a) or the fee under
91	90		Subsection (a-1), as applicable, shall be waived if the petitioner:
92	91		(1) seeks expunction of a criminal record that relates
93	92		to an arrest for an offense of which the person was acquitted, other
94	93		than an acquittal for an offense described by Article 55.01(c), and
95	94		the petition for expunction is filed not later than the 30th day
96	95		after the date of the acquittal; [or]
97	96		(2) is entitled to expunction under Article
98	97		55.01(a)(2)(A)(ii)(a) after successful completion of a veterans
99	98		treatment court program created under Chapter 124, Government Code,
100	99		or former law; or
101	100		(3) is entitled to expunction under any other
102	101		provision of Chapter 55, and the court finds that the petitioner is
103	102		indigent.
104	103		SECTION 5. Section 411.0835, Government Code, is amended to
105	104		read as follows:
106	105		Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
107	106		CERTAIN PRIVATE ENTITIES. If the department receives information
108	107		indicating that a private entity that purchases criminal history
109	108		record information from the department has been found by a court to
110	109		have committed three or more violations of Section 552.1425 by
111	110		compiling or disseminating information with respect to which an
112	111		order of expunction has been issued under Chapter 55 [Article
113	112		55.02], Code of Criminal Procedure, or an order of nondisclosure of
114	113		criminal history record information has been issued under
115	114		Subchapter E-1, the department may not release any criminal history
116	115		record information to that entity until the first anniversary of
117	116		the date of the most recent violation.
118	117		SECTION 6. Section 411.0851(a), Government Code, is amended
119	118		to read as follows:
120	119		(a) A private entity that compiles and disseminates for
121	120		compensation criminal history record information shall destroy and
122	121		may not disseminate any information in the possession of the entity
123	122		with respect to which the entity has received notice that:
124	123		(1) an order of expunction has been issued under
125	124		Chapter 55 [Article 55.02], Code of Criminal Procedure; or
126	125		(2) an order of nondisclosure of criminal history
127	126		record information has been issued under Subchapter E-1.
128	127		SECTION 7. Section 411.151(b), Government Code, is amended
129	128		to read as follows:
130	129		(b) A person may petition for the expunction of a DNA record
131	130		under the procedures established under Article 55.02, Code of
132	131		Criminal Procedure, if the person is entitled to the expunction of
133	132		records relating to the offense to which the DNA record is related
134	133		under Chapter 55 [Article 55.01], Code of Criminal Procedure.
135	134		SECTION 8. Section 552.1425(a), Government Code, is amended
136	135		to read as follows:
137	136		(a) A private entity that compiles and disseminates for
138	137		compensation criminal history record information may not compile or
139	138		disseminate information with respect to which the entity has
140	139		received notice that:
141	140		(1) an order of expunction has been issued under
142	141		Chapter 55 [Article 55.02], Code of Criminal Procedure; or
143	142		(2) an order of nondisclosure of criminal history
144	143		record information has been issued under Subchapter E-1, Chapter
145	144		411.
146	145		SECTION 9. This Act applies to an expunction of arrest
147	146		records and files relating to any misdemeanor offense that occurred
148	147		before, on, or after the effective date of this Act.
149	148		SECTION 10. This Act takes effect September 1, 2019.