Texas 2021 - 87th Regular

Texas House Bill HB859 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R19608 JRR-D
2		-	By: Collier, Sherman, Sr., Moody, et al. H.B. No. 859
	2	+	By: Collier H.B. No. 859
	3	+	Substitute the following for H.B. No. 859:
	4	+	By: A. Johnson of Harris C.S.H.B. No. 859
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the expunction of all records and files related to
8	10		arrests for certain decriminalized misdemeanor offenses.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Chapter 55, Code of Criminal Procedure, is
11	13		amended by adding Article 55.012 to read as follows:
12	14		Art. 55.012. EXPUNCTION OF CERTAIN DECRIMINALIZED
13	15		MISDEMEANOR OFFENSES. (a) A person who has been placed under a
14	16		custodial or noncustodial arrest for an offense is entitled to the
15	17		expunction of all records and files related to the arrest,
16	18		including, as applicable, any records and files related to a
17	19		conviction of the offense, if:
18	20		(1) the person is convicted of or placed on deferred
19	21		adjudication community supervision under Subchapter C, Chapter
20	22		42A, for the offense for which the person was arrested;
21	23		(2) the offense for which the person was arrested was a
22	24		misdemeanor offense and the conduct that was the subject of the
23	25		offense as applied to the person has been statutorily
24	26		decriminalized subsequent to the date of the commission of the
25	27		offense; and
26	28		(3) as applicable:
27	29		(A) the person's sentence, including any term of
28	30		confinement or period of community supervision imposed and payment
29	31		of all fines and costs imposed, is finally discharged; or
30	32		(B) the person received a discharge and dismissal
31	33		under Article 42A.111, Code of Criminal Procedure, for the offense.
32	34		(b) The person must submit an ex parte petition for
33	35		expunction to the court that convicted the person or placed the
34	36		person on deferred adjudication community supervision. The
35	37		petition must be verified and must contain the information
36	38		described by Section 2(b), Article 55.02.
37	39		(c) At a hearing held on a petition for expunction under
38	40		this article, the court may require the petitioner to demonstrate
39	41		that the offense that is the subject of the petition qualifies as a
40	42		statutorily decriminalized offense under current law. The
41	43		demonstration may include an affidavit signed by the petitioner
42	44		attesting to the fact that the offense that is the subject of the
43	45		petition qualifies as a statutorily decriminalized offense under
44	46		current law.
45	47		(d) If the court finds that the petitioner is entitled to
46	48		expunction of the records and files that are the subject of the
47	49		petition, the court shall enter an order directing expunction in a
48	50		manner consistent with the procedures described by Section 1a,
49	51		Article 55.02.
50	52		(e) Notwithstanding any other law, the law enforcement
51	53		agency, the prosecuting attorney responsible for investigating the
52	54		offense, and the clerk of the applicable court may retain the
53	55		records and files relating to the arrest for the offense, including
54	56		any records and files related to a conviction of the offense, to be
55	57		used only:
56	58		(1) for the investigation or prosecution of another
57	59		offense arising out of the same transaction for which the person was
58	60		arrested; or
59	61		(2) by the office of the governor in determining
60	62		whether to issue a pardon or commute a sentence.
61	63		(f) The records and files for which an order of expunction
62	64		has been issued under this article are not open for inspection by
63	65		anyone, except that the records and files are open for inspection by
64	66		the person who is the subject of the order or for the purposes
65	67		described by Subsection (e).
66	68		SECTION 2. Section 109.005(a), Business & Commerce Code, is
67	69		amended to read as follows:
68	70		(a) A business entity may not publish any criminal record
69	71		information in the business entity's possession with respect to
70	72		which the business entity has knowledge or has received notice
71	73		that:
72	74		(1) an order of expunction has been issued under
73	75		Chapter 55 [Article 55.02], Code of Criminal Procedure; or
74	76		(2) an order of nondisclosure of criminal history
75	77		record information has been issued under Subchapter E-1, Chapter
76	78		411, Government Code.
77	79		SECTION 3. Article 55.011(b), Code of Criminal Procedure,
78	80		is amended to read as follows:
79	81		(b) A close relative of a deceased person who, if not
80	82		deceased, would be entitled to expunction of records and files
81	83		under this chapter [Article 55.01] may file on behalf of the
82	84		deceased person an ex parte petition for expunction under Section 2
83	85		or 2a, Article 55.02, or Article 55.012, as applicable. If the
84	86		court finds that the deceased person would be entitled to
85	87		expunction of any record or file that is the subject of the
86	88		petition, the court shall enter an order directing expunction.
87	89		SECTION 4. Article 102.006(b), Code of Criminal Procedure,
88	90		is amended to read as follows:
89	91		(b) The fees under Subsection (a) or the fee under
90	92		Subsection (a-1), as applicable, shall be waived if:
91	93		(1) the petitioner seeks expunction of a criminal
92	94		record that relates to an arrest for an offense of which the person
93	95		was acquitted, other than an acquittal for an offense described by
94	96		Article 55.01(c), and the petition for expunction is filed not
95	97		later than the 30th day after the date of the acquittal; or
96	98		(2) the petitioner is entitled to expunction under
97	99		Article 55.012.
98	100		SECTION 5. Section 411.0835, Government Code, is amended to
99	101		read as follows:
100	102		Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
101	103		CERTAIN PRIVATE ENTITIES. If the department receives information
102	104		indicating that a private entity that purchases criminal history
103	105		record information from the department has been found by a court to
104	106		have committed three or more violations of Section 552.1425 by
105	107		compiling or disseminating information with respect to which an
106	108		order of expunction has been issued under Chapter 55 [Article
107	109		55.02], Code of Criminal Procedure, or an order of nondisclosure of
108	110		criminal history record information has been issued under
109	111		Subchapter E-1, the department may not release any criminal history
110	112		record information to that entity until the first anniversary of
111	113		the date of the most recent violation.
112	114		SECTION 6. Section 411.0851(a), Government Code, is amended
113	115		to read as follows:
114	116		(a) A private entity that compiles and disseminates for
115	117		compensation criminal history record information shall destroy and
116	118		may not disseminate any information in the possession of the entity
117	119		with respect to which the entity has received notice that:
118	120		(1) an order of expunction has been issued under
119	121		Chapter 55 [Article 55.02], Code of Criminal Procedure; or
120	122		(2) an order of nondisclosure of criminal history
121	123		record information has been issued under Subchapter E-1.
122	124		SECTION 7. Section 411.151(b), Government Code, is amended
123	125		to read as follows:
124	126		(b) A person may petition for the expunction of a DNA record
125	127		under the procedures established under Article 55.02, Code of
126	128		Criminal Procedure, if the person is entitled to the expunction of
127	129		records relating to the offense to which the DNA record is related
128	130		under Chapter 55 [Article 55.01], Code of Criminal Procedure.
129	131		SECTION 8. Section 552.1425(a), Government Code, is amended
130	132		to read as follows:
131	133		(a) A private entity that compiles and disseminates for
132	134		compensation criminal history record information may not compile or
133	135		disseminate information with respect to which the entity has
134	136		received notice that:
135	137		(1) an order of expunction has been issued under
136	138		Chapter 55 [Article 55.02], Code of Criminal Procedure; or
137	139		(2) an order of nondisclosure of criminal history
138	140		record information has been issued under Subchapter E-1, Chapter
139	141		411.
140	142		SECTION 9. This Act applies to an expunction of arrest
141	143		records and files relating to any misdemeanor offense that was
142	144		committed before, on, or after the effective date of this Act.
143	145		SECTION 10. This Act takes effect September 1, 2021.