| 1 | 1 | | 88R3273 JRR-D |
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| 2 | 2 | | By: Schaefer, et al. H.B. No. 175 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the expunction of arrest records and files for certain |
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| 8 | 8 | | defendants placed on deferred adjudication community supervision |
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| 9 | 9 | | for the unlawful carrying of a handgun. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 55.01(a), Code of Criminal Procedure, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) A person who has been placed under a custodial or |
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| 14 | 14 | | noncustodial arrest for commission of either a felony or |
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| 15 | 15 | | misdemeanor is entitled to have all records and files relating to |
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| 16 | 16 | | the arrest expunged if: |
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| 17 | 17 | | (1) the person is tried for the offense for which the |
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| 18 | 18 | | person was arrested and is: |
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| 19 | 19 | | (A) acquitted by the trial court, except as |
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| 20 | 20 | | provided by Subsection (c); |
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| 21 | 21 | | (B) convicted and subsequently: |
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| 22 | 22 | | (i) pardoned for a reason other than that |
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| 23 | 23 | | described by Subparagraph (ii); or |
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| 24 | 24 | | (ii) pardoned or otherwise granted relief |
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| 25 | 25 | | on the basis of actual innocence with respect to that offense, if |
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| 26 | 26 | | the applicable pardon or court order clearly indicates on its face |
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| 27 | 27 | | that the pardon or order was granted or rendered on the basis of the |
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| 28 | 28 | | person's actual innocence; or |
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| 29 | 29 | | (C) convicted of or placed on deferred |
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| 30 | 30 | | adjudication community supervision under Subchapter C, Chapter |
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| 31 | 31 | | 42A, for an offense committed before September 1, 2021, under |
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| 32 | 32 | | Section 46.02(a), Penal Code, as that section existed before that |
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| 33 | 33 | | date; or |
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| 34 | 34 | | (2) the person has been released and the charge, if |
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| 35 | 35 | | any, has not resulted in a final conviction and is no longer pending |
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| 36 | 36 | | and there was no court-ordered community supervision under Chapter |
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| 37 | 37 | | 42A for the offense, unless the offense is a Class C misdemeanor, |
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| 38 | 38 | | provided that: |
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| 39 | 39 | | (A) regardless of whether any statute of |
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| 40 | 40 | | limitations exists for the offense and whether any limitations |
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| 41 | 41 | | period for the offense has expired, an indictment or information |
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| 42 | 42 | | charging the person with the commission of a misdemeanor offense |
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| 43 | 43 | | based on the person's arrest or charging the person with the |
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| 44 | 44 | | commission of any felony offense arising out of the same |
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| 45 | 45 | | transaction for which the person was arrested: |
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| 46 | 46 | | (i) has not been presented against the |
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| 47 | 47 | | person at any time following the arrest, and: |
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| 48 | 48 | | (a) at least 180 days have elapsed |
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| 49 | 49 | | from the date of arrest if the arrest for which the expunction was |
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| 50 | 50 | | sought was for an offense punishable as a Class C misdemeanor and if |
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| 51 | 51 | | there was no felony charge arising out of the same transaction for |
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| 52 | 52 | | which the person was arrested; |
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| 53 | 53 | | (b) at least one year has elapsed from |
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| 54 | 54 | | the date of arrest if the arrest for which the expunction was sought |
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| 55 | 55 | | was for an offense punishable as a Class B or A misdemeanor and if |
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| 56 | 56 | | there was no felony charge arising out of the same transaction for |
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| 57 | 57 | | which the person was arrested; |
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| 58 | 58 | | (c) at least three years have elapsed |
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| 59 | 59 | | from the date of arrest if the arrest for which the expunction was |
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| 60 | 60 | | sought was for an offense punishable as a felony or if there was a |
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| 61 | 61 | | felony charge arising out of the same transaction for which the |
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| 62 | 62 | | person was arrested; or |
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| 63 | 63 | | (d) the attorney representing the |
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| 64 | 64 | | state certifies that the applicable arrest records and files are |
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| 65 | 65 | | not needed for use in any criminal investigation or prosecution, |
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| 66 | 66 | | including an investigation or prosecution of another person; or |
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| 67 | 67 | | (ii) if presented at any time following the |
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| 68 | 68 | | arrest, was dismissed or quashed, and the court finds that the |
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| 69 | 69 | | indictment or information was dismissed or quashed because: |
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| 70 | 70 | | (a) the person completed a veterans |
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| 71 | 71 | | treatment court program created under Chapter 124, Government Code, |
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| 72 | 72 | | or former law, subject to Subsection (a-3); |
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| 73 | 73 | | (b) the person completed a mental |
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| 74 | 74 | | health court program created under Chapter 125, Government Code, or |
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| 75 | 75 | | former law, subject to Subsection (a-4); |
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| 76 | 76 | | (c) the person completed a pretrial |
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| 77 | 77 | | intervention program authorized under Section 76.011, Government |
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| 78 | 78 | | Code, other than a veterans treatment court program created under |
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| 79 | 79 | | Chapter 124, Government Code, or former law, or a mental health |
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| 80 | 80 | | court program created under Chapter 125, Government Code, or former |
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| 81 | 81 | | law; |
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| 82 | 82 | | (d) the presentment had been made |
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| 83 | 83 | | because of mistake, false information, or other similar reason |
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| 84 | 84 | | indicating absence of probable cause at the time of the dismissal to |
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| 85 | 85 | | believe the person committed the offense; or |
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| 86 | 86 | | (e) the indictment or information was |
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| 87 | 87 | | void; or |
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| 88 | 88 | | (B) prosecution of the person for the offense for |
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| 89 | 89 | | which the person was arrested is no longer possible because the |
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| 90 | 90 | | limitations period has expired. |
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| 91 | 91 | | SECTION 2. This Act takes effect September 1, 2023. |
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