Texas 2021 - 87th Regular

Texas House Bill HB1203 Compare Versions

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

Old	New	Differences
1	1	87R4670 JRR-D
2	2	By: Wu H.B. No. 1203
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 for a
8	8	criminal offense for which a grand jury finds no bill of indictment.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 55.01(a), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(a) A person who has been placed under a custodial or
13	13	noncustodial arrest for commission of either a felony or
14	14	misdemeanor is entitled to have all records and files relating to
15	15	the arrest expunged if:
16	16	(1) the person is tried for the offense for which the
17	17	person was arrested and is:
18	18	(A) acquitted by the trial court, except as
19	19	provided by Subsection (c); or
20	20	(B) convicted and subsequently:
21	21	(i) pardoned for a reason other than that
22	22	described by Subparagraph (ii); or
23	23	(ii) pardoned or otherwise granted relief
24	24	on the basis of actual innocence with respect to that offense, if
25	25	the applicable pardon or court order clearly indicates on its face
26	26	that the pardon or order was granted or rendered on the basis of the
27	27	person's actual innocence; [or]
28	28	(2) the person has been released and the charge, if
29	29	any, has not resulted in a final conviction and is no longer pending
30	30	and there was no court-ordered community supervision under Chapter
31	31	42A for the offense, unless the offense is a Class C misdemeanor,
32	32	provided that:
33	33	(A) regardless of whether any statute of
34	34	limitations exists for the offense and whether any limitations
35	35	period for the offense has expired, an indictment or information
36	36	charging the person with the commission of a misdemeanor offense
37	37	based on the person's arrest or charging the person with the
38	38	commission of any felony offense arising out of the same
39	39	transaction for which the person was arrested:
40	40	(i) has not been presented against the
41	41	person at any time following the arrest, and:
42	42	(a) at least 180 days have elapsed
43	43	from the date of arrest if the arrest for which the expunction was
44	44	sought was for an offense punishable as a Class C misdemeanor and if
45	45	there was no felony charge arising out of the same transaction for
46	46	which the person was arrested;
47	47	(b) at least one year has elapsed from
48	48	the date of arrest if the arrest for which the expunction was sought
49	49	was for an offense punishable as a Class B or A misdemeanor and if
50	50	there was no felony charge arising out of the same transaction for
51	51	which the person was arrested;
52	52	(c) at least three years have elapsed
53	53	from the date of arrest if the arrest for which the expunction was
54	54	sought was for an offense punishable as a felony or if there was a
55	55	felony charge arising out of the same transaction for which the
56	56	person was arrested; or
57	57	(d) the attorney representing the
58	58	state certifies that the applicable arrest records and files are
59	59	not needed for use in any criminal investigation or prosecution,
60	60	including an investigation or prosecution of another person; or
61	61	(ii) if presented at any time following the
62	62	arrest, was dismissed or quashed, and the court finds that the
63	63	indictment or information was dismissed or quashed because:
64	64	(a) the person completed a veterans
65	65	treatment court program created under Chapter 124, Government Code,
66	66	or former law, subject to Subsection (a-3);
67	67	(b) the person completed a mental
68	68	health court program created under Chapter 125, Government Code, or
69	69	former law, subject to Subsection (a-4);
70	70	(c) the person completed a pretrial
71	71	intervention program authorized under Section 76.011, Government
72	72	Code, other than a veterans treatment court program created under
73	73	Chapter 124, Government Code, or former law, or a mental health
74	74	court program created under Chapter 125, Government Code, or former
75	75	law;
76	76	(d) the presentment had been made
77	77	because of mistake, false information, or other similar reason
78	78	indicating absence of probable cause at the time of the dismissal to
79	79	believe the person committed the offense; or
80	80	(e) the indictment or information was
81	81	void; or
82	82	(B) prosecution of the person for the offense for
83	83	which the person was arrested is no longer possible because the
84	84	limitations period has expired; or
85	85	(3) the grand jury finds no bill of indictment for the
86	86	offense for which the person was arrested.
87	87	SECTION 2. Section 2(a), Article 55.02, Code of Criminal
88	88	Procedure, is amended to read as follows:
89	89	(a) A person who is entitled to expunction of records and
90	90	files under Article 55.01(a)(1)(A), 55.01(a)(1)(B)(i), [or]
91	91	55.01(a)(2), or 55.01(a)(3) or a person who is eligible for
92	92	expunction of records and files under Article 55.01(b) may file an
93	93	ex parte petition for expunction in a district court for the county
94	94	in which:
95	95	(1) the petitioner was arrested; or
96	96	(2) the offense was alleged to have occurred.
97	97	SECTION 3. The change in law made by this Act applies to the
98	98	expunction of arrest records and files for any criminal offense
99	99	that occurred before, on, or after the effective date of this Act.
100	100	SECTION 4. This Act takes effect September 1, 2021.