Texas 2021 - 87th Regular

Texas House Bill HB1104 Compare Versions

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

Old	New	Differences
1	1	87R121 JRR-D
2	2	By: Dominguez H.B. No. 1104
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 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 commission
30	30	of the offense for which the person was placed on deferred
31	31	adjudication community supervision as described by Subdivision
32	32	(1);
33	33	(4) there are no charges pending against the person
34	34	for the commission of any offense, other than a traffic offense
35	35	punishable by fine only; and
36	36	(5) a period of not less than five years has passed
37	37	since the date on which the person received the dismissal and
38	38	discharge described by Subdivision (1).
39	39	(b) The person must submit an ex parte petition for
40	40	expunction to the court that placed the person on deferred
41	41	adjudication community supervision. The petition must be verified
42	42	and must contain:
43	43	(1) the information described by Section 2(b), Article
44	44	55.02; and
45	45	(2) a statement that:
46	46	(A) the person was not required to register as a
47	47	sex offender under Chapter 62 as a condition of or as a result of the
48	48	person's placement on deferred adjudication community supervision
49	49	as described by Subsection (a)(1);
50	50	(B) the person has not been convicted of or
51	51	placed on deferred adjudication community supervision under
52	52	Subchapter C, Chapter 42A, for an offense, other than a traffic
53	53	offense punishable by fine only, committed after the date of the
54	54	commission of the offense for which the person seeks an order of
55	55	expunction; and
56	56	(C) there are no charges pending against the
57	57	person for the commission of any offense, other than a traffic
58	58	offense punishable by fine only.
59	59	(c) If the court finds that the petitioner is entitled to
60	60	expunction of any arrest records and files that are the subject of
61	61	the petition, the court shall enter an order directing expunction
62	62	in a manner consistent with the procedures described by Section 1a,
63	63	Article 55.02.
64	64	SECTION 2. Section 109.005(a), Business & Commerce Code, is
65	65	amended to read as follows:
66	66	(a) A business entity may not publish any criminal record
67	67	information in the business entity's possession with respect to
68	68	which the business entity has knowledge or has received notice
69	69	that:
70	70	(1) an order of expunction has been issued under
71	71	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
72	72	(2) an order of nondisclosure of criminal history
73	73	record information has been issued under Subchapter E-1, Chapter
74	74	411, Government Code.
75	75	SECTION 3. Article 55.011(b), Code of Criminal Procedure,
76	76	is amended to read as follows:
77	77	(b) A close relative of a deceased person who, if not
78	78	deceased, would be entitled to expunction of records and files
79	79	under this chapter [Article 55.01] may file on behalf of the
80	80	deceased person an ex parte petition for expunction under Section 2
81	81	or 2a, Article 55.02, or Article 55.012, as applicable. If the court
82	82	finds that the deceased person would be entitled to expunction of
83	83	any record or file that is the subject of the petition, the court
84	84	shall enter an order directing expunction.
85	85	SECTION 4. Article 102.006(b), Code of Criminal Procedure,
86	86	is 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:
89	89	(1) the petitioner seeks expunction of a criminal
90	90	record that relates to an arrest for an offense of which the person
91	91	was acquitted, other than an acquittal for an offense described by
92	92	Article 55.01(c), and the petition for expunction is filed not
93	93	later than the 30th day after the date of the acquittal; or
94	94	(2) the petitioner is entitled to expunction under any
95	95	provision of Chapter 55 and the court finds that the petitioner is
96	96	indigent.
97	97	SECTION 5. Section 411.0835, Government Code, is amended to
98	98	read as follows:
99	99	Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
100	100	CERTAIN PRIVATE ENTITIES. If the department receives information
101	101	indicating that a private entity that purchases criminal history
102	102	record information from the department has been found by a court to
103	103	have committed three or more violations of Section 552.1425 by
104	104	compiling or disseminating information with respect to which an
105	105	order of expunction has been issued under Chapter 55 [Article
106	106	55.02], Code of Criminal Procedure, or an order of nondisclosure of
107	107	criminal history record information has been issued under
108	108	Subchapter E-1, the department may not release any criminal history
109	109	record information to that entity until the first anniversary of
110	110	the date of the most recent violation.
111	111	SECTION 6. Section 411.0851(a), Government Code, is amended
112	112	to read as follows:
113	113	(a) A private entity that compiles and disseminates for
114	114	compensation criminal history record information shall destroy and
115	115	may not disseminate any information in the possession of the entity
116	116	with respect to which the entity has received notice that:
117	117	(1) an order of expunction has been issued under
118	118	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
119	119	(2) an order of nondisclosure of criminal history
120	120	record information has been issued under Subchapter E-1.
121	121	SECTION 7. Section 411.151(b), Government Code, is amended
122	122	to read as follows:
123	123	(b) A person may petition for the expunction of a DNA record
124	124	under the procedures established under Article 55.02, Code of
125	125	Criminal Procedure, if the person is entitled to the expunction of
126	126	records relating to the offense to which the DNA record is related
127	127	under Chapter 55 [Article 55.01], Code of Criminal Procedure.
128	128	SECTION 8. Section 552.1425(a), Government Code, is amended
129	129	to read as follows:
130	130	(a) A private entity that compiles and disseminates for
131	131	compensation criminal history record information may not compile or
132	132	disseminate information with respect to which the entity has
133	133	received notice that:
134	134	(1) an order of expunction has been issued under
135	135	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
136	136	(2) an order of nondisclosure of criminal history
137	137	record information has been issued under Subchapter E-1, Chapter
138	138	411.
139	139	SECTION 9. This Act applies to an expunction of arrest
140	140	records and files relating to any misdemeanor offense or state jail
141	141	felony offense that was committed before, on, or after the
142	142	effective date of this Act.
143	143	SECTION 10. This Act takes effect September 1, 2021.