88R7654 JCG-F
By: AnchÃa, Canales, Garcia H.B. No. 1907
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for the expunction of arrest records and
files for persons who complete certain court programs or pretrial
intervention programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1a(a-1) and (a-2), Article 55.02, Code
of Criminal Procedure, are redesignated as Section 1b, Article
55.02, Code of Criminal Procedure, and amended to read as follows:
Sec. 1b. (a) [(a-1)] A trial court dismissing a case
following a person's successful completion of a veterans treatment
court program created under Chapter 124, Government Code, or former
law, if the trial court is a district court, or a district court in
the county in which the trial court is located shall [may, with the
consent of the attorney representing the state,] enter an order of
expunction for a person entitled to expunction under Article
55.01(a)(2)(A)(ii)(a) not later than the 30th day after the date
the court dismisses the case or receives the information regarding
that dismissal, as applicable. [Notwithstanding any other law, a
court that enters an order for expunction under this subsection may
not charge any fee or assess any cost for the expunction.]
(b) [(a-2)] A trial court dismissing a case following a
person's successful completion of a mental health court program
created under Chapter 125, Government Code, or former law, if the
trial court is a district court, or a district court in the county
in which the trial court is located shall [may, with the consent of
the attorney representing the state,] enter an order of expunction
for a person entitled to expunction under Article
55.01(a)(2)(A)(ii)(b) not later than the 30th day after the date
the court dismisses the case or receives the information regarding
that dismissal, as applicable. [Notwithstanding any other law, a
court that enters an order for expunction under this subsection may
not charge any fee or assess any cost for the expunction.]
SECTION 2. Section 1b, Article 55.02, Code of Criminal
Procedure, as added by this Act, is amended by adding Subsections
(c), (d), and (e) to read as follows:
(c) This subsection applies only to a pretrial intervention
program authorized under Section 76.011, Government Code, other
than a program described by Subsection (a) or (b) of this section.
A trial court dismissing a case following a person's successful
completion of a program to which this subsection applies, if the
trial court dismissing the case is a district court, or a district
court in the county in which the trial court is located shall enter
an order of expunction for a person entitled to expunction under
Article 55.01(a)(2)(A)(ii)(c) not later than the 30th day after the
date the court dismisses the case or receives the information
regarding that dismissal, as applicable.
(d) The person for whom a court is required to enter an order
of expunction under Subsection (a), (b), or (c), as applicable,
shall provide to the attorney representing the state all of the
information required in a petition for expunction under Section
2(b). The attorney representing the state shall prepare an
expunction order under this section for the court's signature.
(e) Notwithstanding any other law, a court that enters an
order for expunction under this section may not charge any fee or
assess any cost for the expunction.
SECTION 3. Section 5, Article 55.02, Code of Criminal
Procedure, is amended by adding Subsection (h) to read as follows:
(h) Notwithstanding any other provision of this section, a
community supervision and corrections department established under
Chapter 76, Government Code, or an office of an attorney
representing the state, in possession of records and files subject
to an expunction order based on an entitlement under Article
55.01(a)(2)(A)(ii)(a), (b), or (c) may retain and use those records
and files only for the purpose of developing and operating pretrial
intervention programs in a judicial district served by the
department or office.
SECTION 4. Article 102.006(b-1), Code of Criminal
Procedure, is amended to read as follows:
(b-1) The fees under Subsection (a) shall be waived if the
petitioner is entitled to expunction:
(1) under Article 55.01(a)(2)(A)(ii)(a) after
successful completion of a veterans treatment court program created
under Chapter 124, Government Code, or former law; [or]
(2) under Article 55.01(a)(2)(A)(ii)(b) after
successful completion of a mental health court program created
under Chapter 125, Government Code, or former law; or
(3) under Article 55.01(a)(2)(A)(ii)(c) after
successful completion of a pretrial intervention program
authorized under Section 76.011, Government Code.
SECTION 5. (a) Except as provided by Subsection (b) of
this section and subject to Subsection (c) of this section, this Act
applies, regardless of when the underlying arrest occurred, to the
expunction of arrest records and files for a person who
successfully completes any of the following programs before, on, or
after the effective date of this Act:
(1) a veterans treatment court program under Chapter
124, Government Code, or former law;
(2) a mental health court program under Chapter 125,
Government Code, or former law; or
(3) a pretrial intervention program authorized under
Section 76.011, Government Code.
(b) The change in law made by this Act to Article 102.006,
Code of Criminal Procedure, applies to the fees charged or costs
assessed for an expunction order entered on or after the effective
date of this Act, regardless of whether the underlying arrest
occurred before, on, or after the effective date of this Act.
(c) For a person who is entitled to expunction under Article
55.01(a)(2)(A)(ii)(a), (b), or (c), Code of Criminal Procedure,
based on a successful completion of a program described by
Subsection (a) of this section before the effective date of this
Act, notwithstanding the 30-day time limit provided for the court
to enter an automatic order of expunction under Section 1b, Article
55.02, Code of Criminal Procedure, as added by this Act, the court
shall enter the required order of expunction for the person as soon
as practicable after the court receives written notice from any
party to the case about the person's entitlement to the expunction.
SECTION 6. This Act takes effect September 1, 2023.