Texas 2023 - 88th Regular

Texas House Bill HB2193 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R8385 JRR-D
2	2	By: Davis H.B. No. 2193
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the automatic expunction of all records and files
8	8	related to arrests for certain 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. AUTOMATIC EXPUNCTION OF CERTAIN MISDEMEANOR
13	13	OFFENSES. (a) A person who has been placed under a custodial or
14	14	noncustodial arrest for an offense is entitled to the expunction of
15	15	all records and files related to the arrest, including, as
16	16	applicable, any records and files related to a conviction of the
17	17	offense, if:
18	18	(1) the offense for which the person was arrested was a
19	19	misdemeanor offense, other than a misdemeanor offense:
20	20	(A) under Section 106.041, Alcoholic Beverage
21	21	Code, or Chapter 49, Penal Code; or
22	22	(B) involving family violence, as defined by
23	23	Section 71.004, Family Code;
24	24	(2) the person is convicted of or placed on deferred
25	25	adjudication community supervision under Subchapter C, Chapter
26	26	42A, for the offense described by Subdivision (1);
27	27	(3) the person has never been previously convicted of
28	28	or placed on deferred adjudication community supervision for any
29	29	offense involving family violence, as defined by Section 71.004,
30	30	Family Code;
31	31	(4) the person has not been convicted of or placed on
32	32	deferred adjudication community supervision under Subchapter C,
33	33	Chapter 42A, for an offense, other than a traffic offense
34	34	punishable by fine only, committed after the date of the commission
35	35	of the offense described by Subdivision (1);
36	36	(5) there are no charges pending against the person
37	37	for the commission of any offense, other than a traffic offense
38	38	punishable by fine only; and
39	39	(6) a period of not less than 10 years has passed since
40	40	the date on which, as applicable:
41	41	(A) the person's sentence for the offense
42	42	described by Subdivision (1), including any term of confinement or
43	43	period of community supervision imposed and payment of all fines
44	44	and costs imposed, is fully discharged; or
45	45	(B) the person received a dismissal and discharge
46	46	under Article 42A.111 for the offense described by Subdivision (1).
47	47	(b) Regardless of whether the person has filed a petition
48	48	for expunction, not later than the 30th day after the date that a
49	49	person becomes entitled to expunction under this article, the court
50	50	that convicted the person or placed the person on deferred
51	51	adjudication community supervision shall enter an order directing
52	52	expunction in a manner consistent with the procedures described by
53	53	Section 1a, Article 55.02, provided that the order does not apply to
54	54	an opinion issued by an appellate court.
55	55	(c) Notwithstanding any other law, a person entitled to
56	56	expunction under this article is not required to pay any fee for an
57	57	expunction under this article.
58	58	SECTION 2. Section 109.005(a), Business & Commerce Code, is
59	59	amended to read as follows:
60	60	(a) A business entity may not publish any criminal record
61	61	information in the business entity's possession with respect to
62	62	which the business entity has knowledge or has received notice
63	63	that:
64	64	(1) an order of expunction has been issued under
65	65	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
66	66	(2) an order of nondisclosure of criminal history
67	67	record information has been issued under Subchapter E-1, Chapter
68	68	411, Government Code.
69	69	SECTION 3. Section 411.0835, Government Code, is amended to
70	70	read as follows:
71	71	Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
72	72	CERTAIN PRIVATE ENTITIES. If the department receives information
73	73	indicating that a private entity that purchases criminal history
74	74	record information from the department has been found by a court to
75	75	have committed three or more violations of Section 552.1425 by
76	76	compiling or disseminating information with respect to which an
77	77	order of expunction has been issued under Chapter 55 [Article
78	78	55.02], Code of Criminal Procedure, or an order of nondisclosure of
79	79	criminal history record information has been issued under
80	80	Subchapter E-1, the department may not release any criminal history
81	81	record information to that entity until the first anniversary of
82	82	the date of the most recent violation.
83	83	SECTION 4. Section 411.0851(a), Government Code, is amended
84	84	to read as follows:
85	85	(a) A private entity that compiles and disseminates for
86	86	compensation criminal history record information shall destroy and
87	87	may not disseminate any information in the possession of the entity
88	88	with respect to which the entity has received notice that:
89	89	(1) an order of expunction has been issued under
90	90	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
91	91	(2) an order of nondisclosure of criminal history
92	92	record information has been issued under Subchapter E-1.
93	93	SECTION 5. Section 411.151(b), Government Code, is amended
94	94	to read as follows:
95	95	(b) A person may petition for the expunction of a DNA record
96	96	under the procedures established under Article 55.02, Code of
97	97	Criminal Procedure, if the person is entitled to the expunction of
98	98	records relating to the offense to which the DNA record is related
99	99	under Chapter 55 [Article 55.01], Code of Criminal Procedure.
100	100	SECTION 6. Section 552.1425(a), Government Code, is amended
101	101	to read as follows:
102	102	(a) A private entity that compiles and disseminates for
103	103	compensation criminal history record information may not compile or
104	104	disseminate information with respect to which the entity has
105	105	received notice that:
106	106	(1) an order of expunction has been issued under
107	107	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
108	108	(2) an order of nondisclosure of criminal history
109	109	record information has been issued under Subchapter E-1, Chapter
110	110	411.
111	111	SECTION 7. (a) Subject to Subsection (b) of this section,
112	112	this Act applies to an expunction of arrest records and files
113	113	relating to any misdemeanor offense that was committed before, on,
114	114	or after the effective date of this Act.
115	115	(b) If a person entitled to expunction under Article 55.012,
116	116	Code of Criminal Procedure, as added by this Act, completed the
117	117	person's sentence or received a dismissal and discharge before
118	118	September 1, 2013, the court that convicted the person or placed the
119	119	person on deferred adjudication community supervision shall issue
120	120	an order of expunction under that article as soon as practicable
121	121	after the effective date of this Act but not later than August 31,
122	122	2025.
123	123	SECTION 8. This Act takes effect September 1, 2023.