Texas 2023 - 88th Regular

Texas House Bill HB1715 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1884 JRR-D
2	2	By: Canales H.B. No. 1715
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 nonviolent misdemeanor 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 MISDEMEANOR
13	13	OFFENSES. (a) A person who has been placed under a custodial or
14	14	noncustodial arrest for a misdemeanor offense other than a
15	15	misdemeanor offense under Chapter 483, Health and Safety Code,
16	16	Section 48.02, Penal Code, Chapter 25, 42, 43, 46, or 71, Penal
17	17	Code, or Title 5 or 8, Penal Code, is entitled to have all records
18	18	and files related to the arrest expunged if:
19	19	(1) the person was placed on deferred adjudication
20	20	community supervision under Subchapter C, Chapter 42A, for the
21	21	misdemeanor offense and subsequently received a dismissal and
22	22	discharge under Article 42A.111;
23	23	(2) the person was not required to register as a sex
24	24	offender under Chapter 62 as a condition of or as a result of the
25	25	person's placement on deferred adjudication community supervision
26	26	as described by Subdivision (1);
27	27	(3) the person has not been convicted of or placed on
28	28	deferred adjudication community supervision under Subchapter C,
29	29	Chapter 42A, for an offense, other than a traffic offense
30	30	punishable by fine only, committed after the date of the commission
31	31	of the misdemeanor offense for which the person was placed on
32	32	deferred adjudication community supervision as described by
33	33	Subdivision (1);
34	34	(4) there are no charges pending against the person
35	35	for the commission of any offense, other than a traffic offense
36	36	punishable by fine only; and
37	37	(5) a period of not less than five years has passed
38	38	since the date on which the person received the dismissal and
39	39	discharge described by Subdivision (1).
40	40	(b) The person must submit an ex parte petition for
41	41	expunction to the court that placed the person on deferred
42	42	adjudication community supervision. The petition must be verified
43	43	and must contain:
44	44	(1) the information described by Section 2(b), Article
45	45	55.02; and
46	46	(2) a statement that:
47	47	(A) the person was not required to register as a
48	48	sex offender under Chapter 62 as a condition of or as a result of the
49	49	person's placement on deferred adjudication community supervision
50	50	as described by Subsection (a)(1);
51	51	(B) the person has not been convicted of or
52	52	placed on deferred adjudication community supervision under
53	53	Subchapter C, Chapter 42A, for an offense, other than a traffic
54	54	offense punishable by fine only, committed after the date of the
55	55	commission of the misdemeanor offense for which the person seeks an
56	56	order of expunction; and
57	57	(C) there are no charges pending against the
58	58	person for the commission of any offense, other than a traffic
59	59	offense punishable by fine only.
60	60	(c) If the court finds that the petitioner is entitled to
61	61	expunction of any arrest records and files that are the subject of
62	62	the petition, the court shall enter an order directing expunction
63	63	in a manner consistent with the procedures described by Section 1a,
64	64	Article 55.02.
65	65	SECTION 2. Section 109.005(a), Business & Commerce Code, is
66	66	amended to read as follows:
67	67	(a) A business entity may not publish any criminal record
68	68	information in the business entity's possession with respect to
69	69	which the business entity has knowledge or has received notice
70	70	that:
71	71	(1) an order of expunction has been issued under
72	72	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
73	73	(2) an order of nondisclosure of criminal history
74	74	record information has been issued under Subchapter E-1, Chapter
75	75	411, Government Code.
76	76	SECTION 3. Article 55.011(b), Code of Criminal Procedure,
77	77	is amended to read as follows:
78	78	(b) A close relative of a deceased person who, if not
79	79	deceased, would be entitled to expunction of records and files
80	80	under this chapter [Article 55.01] may file on behalf of the
81	81	deceased person an ex parte petition for expunction under Section 2
82	82	or 2a, Article 55.02, or Article 55.012, as applicable. If the
83	83	court finds that the deceased person would be entitled to
84	84	expunction of any record or file that is the subject of the
85	85	petition, the court shall enter an order directing expunction.
86	86	SECTION 4. Article 102.006(b), Code of Criminal Procedure,
87	87	is amended to read as follows:
88	88	(b) The fees under Subsection (a) or the fee under
89	89	Subsection (a-1), as applicable, shall be waived if:
90	90	(1) the petitioner seeks expunction of a criminal
91	91	record that relates to an arrest for an offense of which the person
92	92	was acquitted, other than an acquittal for an offense described by
93	93	Article 55.01(c), and the petition for expunction is filed not
94	94	later than the 30th day after the date of the acquittal; or
95	95	(2) the petitioner is entitled to expunction under any
96	96	provision of Chapter 55 and the court finds that the petitioner is
97	97	indigent.
98	98	SECTION 5. Section 411.0835, Government Code, is amended to
99	99	read as follows:
100	100	Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
101	101	CERTAIN PRIVATE ENTITIES. If the department receives information
102	102	indicating that a private entity that purchases criminal history
103	103	record information from the department has been found by a court to
104	104	have committed three or more violations of Section 552.1425 by
105	105	compiling or disseminating information with respect to which an
106	106	order of expunction has been issued under Chapter 55 [Article
107	107	55.02], Code of Criminal Procedure, or an order of nondisclosure of
108	108	criminal history record information has been issued under
109	109	Subchapter E-1, the department may not release any criminal history
110	110	record information to that entity until the first anniversary of
111	111	the date of the most recent violation.
112	112	SECTION 6. Section 411.0851(a), Government Code, is amended
113	113	to read as follows:
114	114	(a) A private entity that compiles and disseminates for
115	115	compensation criminal history record information shall destroy and
116	116	may not disseminate any information in the possession of the entity
117	117	with respect to which the entity has received notice that:
118	118	(1) an order of expunction has been issued under
119	119	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
120	120	(2) an order of nondisclosure of criminal history
121	121	record information has been issued under Subchapter E-1.
122	122	SECTION 7. Section 411.151(b), Government Code, is amended
123	123	to read as follows:
124	124	(b) A person may petition for the expunction of a DNA record
125	125	under the procedures established under Article 55.02, Code of
126	126	Criminal Procedure, if the person is entitled to the expunction of
127	127	records relating to the offense to which the DNA record is related
128	128	under Chapter 55 [Article 55.01], Code of Criminal Procedure.
129	129	SECTION 8. Section 552.1425(a), Government Code, is amended
130	130	to read as follows:
131	131	(a) A private entity that compiles and disseminates for
132	132	compensation criminal history record information may not compile or
133	133	disseminate information with respect to which the entity has
134	134	received notice that:
135	135	(1) an order of expunction has been issued under
136	136	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
137	137	(2) an order of nondisclosure of criminal history
138	138	record information has been issued under Subchapter E-1, Chapter
139	139	411.
140	140	SECTION 9. This Act applies to an expunction of arrest
141	141	records and files relating to any misdemeanor offense that was
142	142	committed before, on, or after the effective date of this Act.
143	143	SECTION 10. This Act takes effect September 1, 2023.