Texas 2021 - 87th Regular

Texas House Bill HB1326 Compare Versions

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

Old	New	Differences
1	1	87R3570 MEW-D
2	2	By: Geren H.B. No. 1326
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the automatic expunction of arrest records and files
8	8	for certain public safety employees who successfully complete a
9	9	public safety employees treatment court program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 55.01, Code of Criminal Procedure, is
12	12	amended by amending Subsection (a) and adding Subsection (a-5) to
13	13	read as follows:
14	14	(a) A person who has been placed under a custodial or
15	15	noncustodial arrest for commission of either a felony or
16	16	misdemeanor is entitled to have all records and files relating to
17	17	the arrest expunged if:
18	18	(1) the person is tried for the offense for which the
19	19	person was arrested and is:
20	20	(A) acquitted by the trial court, except as
21	21	provided by Subsection (c); or
22	22	(B) convicted and subsequently:
23	23	(i) pardoned for a reason other than that
24	24	described by Subparagraph (ii); or
25	25	(ii) pardoned or otherwise granted relief
26	26	on the basis of actual innocence with respect to that offense, if
27	27	the applicable pardon or court order clearly indicates on its face
28	28	that the pardon or order was granted or rendered on the basis of the
29	29	person's actual innocence; or
30	30	(2) the person has been released and the charge, if
31	31	any, has not resulted in a final conviction and is no longer pending
32	32	and there was no court-ordered community supervision under Chapter
33	33	42A for the offense, unless the offense is a Class C misdemeanor,
34	34	provided that:
35	35	(A) regardless of whether any statute of
36	36	limitations exists for the offense and whether any limitations
37	37	period for the offense has expired, an indictment or information
38	38	charging the person with the commission of a misdemeanor offense
39	39	based on the person's arrest or charging the person with the
40	40	commission of any felony offense arising out of the same
41	41	transaction for which the person was arrested:
42	42	(i) has not been presented against the
43	43	person at any time following the arrest, and:
44	44	(a) at least 180 days have elapsed
45	45	from the date of arrest if the arrest for which the expunction was
46	46	sought was for an offense punishable as a Class C misdemeanor and if
47	47	there was no felony charge arising out of the same transaction for
48	48	which the person was arrested;
49	49	(b) at least one year has elapsed from
50	50	the date of arrest if the arrest for which the expunction was sought
51	51	was for an offense punishable as a Class B or A misdemeanor and if
52	52	there was no felony charge arising out of the same transaction for
53	53	which the person was arrested;
54	54	(c) at least three years have elapsed
55	55	from the date of arrest if the arrest for which the expunction was
56	56	sought was for an offense punishable as a felony or if there was a
57	57	felony charge arising out of the same transaction for which the
58	58	person was arrested; or
59	59	(d) the attorney representing the
60	60	state certifies that the applicable arrest records and files are
61	61	not needed for use in any criminal investigation or prosecution,
62	62	including an investigation or prosecution of another person; or
63	63	(ii) if presented at any time following the
64	64	arrest, was dismissed or quashed, and the court finds that the
65	65	indictment or information was dismissed or quashed because:
66	66	(a) the person completed a veterans
67	67	treatment court program created under Chapter 124, Government Code,
68	68	or former law, subject to Subsection (a-3);
69	69	(b) the person completed a mental
70	70	health court program created under Chapter 125, Government Code, or
71	71	former law, subject to Subsection (a-4);
72	72	(c) the person completed a public
73	73	safety employees treatment court program created under Chapter 129,
74	74	Government Code, subject to Subsection (a-5);
75	75	(d) the person completed a pretrial
76	76	intervention program authorized under Section 76.011, Government
77	77	Code, other than a veterans treatment court program created under
78	78	Chapter 124, Government Code, or former law, [or] a mental health
79	79	court program created under Chapter 125, Government Code, or former
80	80	law, or a public safety employees treatment court program created
81	81	under Chapter 129, Government Code;
82	82	(e) [(d)] the presentment had been
83	83	made because of mistake, false information, or other similar reason
84	84	indicating absence of probable cause at the time of the dismissal to
85	85	believe the person committed the offense; or
86	86	(f) [(e)] the indictment or
87	87	information was void; or
88	88	(B) prosecution of the person for the offense for
89	89	which the person was arrested is no longer possible because the
90	90	limitations period has expired.
91	91	(a-5) A person is eligible under Subsection
92	92	(a)(2)(A)(ii)(c) for an expunction of arrest records and files only
93	93	if:
94	94	(1) the person has not previously received an
95	95	expunction of arrest records and files under that sub-subparagraph;
96	96	and
97	97	(2) the person submits to the court an affidavit
98	98	attesting to that fact.
99	99	SECTION 2. Section 1a, Article 55.02, Code of Criminal
100	100	Procedure, is amended by adding Subsection (a-3) to read as
101	101	follows:
102	102	(a-3) A trial court dismissing a case following a person's
103	103	successful completion of a public safety employees treatment court
104	104	program created under Chapter 129, Government Code, if the trial
105	105	court is a district court, or a district court in the county in
106	106	which the trial court is located may, with the consent of the
107	107	attorney representing the state, enter an order of expunction for a
108	108	person entitled to expunction under Article 55.01(a)(2)(A)(ii)(c)
109	109	not later than the 30th day after the date the court dismisses the
110	110	case or receives the information regarding that dismissal, as
111	111	applicable. Notwithstanding any other law, a court that enters an
112	112	order for expunction under this subsection may not charge any fee or
113	113	assess any cost for the expunction.
114	114	SECTION 3. Article 102.006(b-1), Code of Criminal
115	115	Procedure, is amended to read as follows:
116	116	(b-1) The fees under Subsection (a) shall be waived if the
117	117	petitioner is entitled to expunction:
118	118	(1) under Article 55.01(a)(2)(A)(ii)(a) after
119	119	successful completion of a veterans treatment court program created
120	120	under Chapter 124, Government Code, or former law; [or]
121	121	(2) under Article 55.01(a)(2)(A)(ii)(b) after
122	122	successful completion of a mental health court program created
123	123	under Chapter 125, Government Code, or former law; or
124	124	(3) under Article 55.01(a)(2)(A)(ii)(c) after
125	125	successful completion of a public safety employees treatment court
126	126	program created under Chapter 129, Government Code.
127	127	SECTION 4. Section 129.002(b), Government Code, is amended
128	128	to read as follows:
129	129	(b) If a defendant successfully completes a public safety
130	130	employees treatment court program, after notice to the attorney
131	131	representing the state and a hearing in the public safety employees
132	132	treatment court at which that court determines that a dismissal is
133	133	in the best interest of justice, the public safety employees
134	134	treatment court shall provide to the court in which the criminal
135	135	case is pending information about the dismissal and shall include
136	136	all of the information required about the defendant for a petition
137	137	for expunction under Section 2(b), Article 55.02, Code of Criminal
138	138	Procedure. The court in which the criminal case is pending shall
139	139	dismiss the case against the defendant and:
140	140	(1) if that trial court is a district court, the court
141	141	may, with the consent of the attorney representing the state, enter
142	142	an order of expunction on behalf of the defendant under Section
143	143	1a(a-3), Article 55.02, Code of Criminal Procedure; or
144	144	(2) if that trial court is not a district court, the
145	145	court may, with the consent of the attorney representing the state,
146	146	forward the appropriate dismissal and expunction information to
147	147	enable a district court with jurisdiction to enter an order of
148	148	expunction on behalf of the defendant under Section 1a(a-3),
149	149	Article 55.02, Code of Criminal Procedure.
150	150	SECTION 5. (a) Except as provided by Subsection (b) of this
151	151	section, this Act applies to the expunction of arrest records and
152	152	files for a person who successfully completes a public safety
153	153	employees treatment court program under Chapter 129, Government
154	154	Code, before, on, or after the effective date of this Act,
155	155	regardless of when the underlying arrest occurred.
156	156	(b) The change in law made by this Act to Article 102.006,
157	157	Code of Criminal Procedure, applies to the fees charged or costs
158	158	assessed for an expunction order entered on or after the effective
159	159	date of this Act, regardless of whether the underlying arrest
160	160	occurred before, on, or after the effective date of this Act.
161	161	(c) For a person who is entitled to expunction under Article
162	162	55.01(a)(2)(A)(ii)(c), Code of Criminal Procedure, as amended by
163	163	this Act, based on a successful completion of a public safety
164	164	employees treatment court program under Chapter 129, Government
165	165	Code, before the effective date of this Act, notwithstanding the
166	166	30-day time limit provided for the court to enter an automatic order
167	167	of expunction under Section 1a(a-3), Article 55.02, Code of
168	168	Criminal Procedure, as added by this Act, the court may, with the
169	169	consent of the attorney representing the state, enter an order of
170	170	expunction for the person as soon as practicable after the court
171	171	receives written notice from any party to the case about the
172	172	person's entitlement to the expunction.
173	173	SECTION 6. This Act takes effect September 1, 2021.