Texas 2023 - 88th Regular

Texas House Bill HB3260 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9577 JRR-D
2	2	By: Herrero H.B. No. 3260
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 by a
8	8	statutory county court.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 55.01, Code of Criminal Procedure, is
11	11	amended by amending Subsection (b) and adding Subsection (b-2) to
12	12	read as follows:
13	13	(b) Except as provided by Subsection (c) and subject to
14	14	Subsections [Subsection] (b-1) and (b-2), a district court, a
15	15	statutory county court, a justice court, or a municipal court of
16	16	record may expunge all records and files relating to the arrest of a
17	17	person under the procedure established under Article 55.02 if:
18	18	(1) the person is:
19	19	(A) tried for the offense for which the person
20	20	was arrested;
21	21	(B) convicted of the offense; and
22	22	(C) acquitted by the court of criminal appeals
23	23	or, if the period for granting a petition for discretionary review
24	24	has expired, by a court of appeals; or
25	25	(2) an office of the attorney representing the state
26	26	authorized by law to prosecute the offense for which the person was
27	27	arrested recommends the expunction to the court before the person
28	28	is tried for the offense, regardless of whether an indictment or
29	29	information has been presented against the person in relation to
30	30	the offense.
31	31	(b-2) A statutory county court may only expunge records and
32	32	files under Subsection (b) that relate to the arrest of a person for
33	33	an offense that is subject to the jurisdiction of a statutory county
34	34	court.
35	35	SECTION 2. Section 1, Article 55.02, Code of Criminal
36	36	Procedure, is amended to read as follows:
37	37	Sec. 1. At the request of the acquitted person and after
38	38	notice to the state, or at the request of the attorney for the state
39	39	with the consent of the acquitted person, the trial court presiding
40	40	over the case in which the person was acquitted, if the trial court
41	41	is a district court, a statutory county court, a justice court, or a
42	42	municipal court of record, or a district court in the county in
43	43	which the trial court is located shall enter an order of expunction
44	44	for a person entitled to expunction under Article 55.01(a)(1)(A)
45	45	not later than the 30th day after the date of the acquittal. On
46	46	acquittal, the trial court shall advise the acquitted person of the
47	47	right to expunction. The party requesting the order of expunction
48	48	shall provide to the court all of the information required in a
49	49	petition for expunction under Section 2(b). The attorney for the
50	50	acquitted person in the case in which the person was acquitted, if
51	51	the person was represented by counsel, or the attorney for the
52	52	state, if the person was not represented by counsel or if the
53	53	attorney for the state requested the order of expunction, shall
54	54	prepare the order for the court's signature.
55	55	SECTION 3. Section 1a(a), Article 55.02, Code of Criminal
56	56	Procedure, is amended to read as follows:
57	57	(a) The trial court presiding over a case in which a person
58	58	is convicted and subsequently granted relief or pardoned on the
59	59	basis of actual innocence of the offense of which the person was
60	60	convicted, if the trial court is a district court, a statutory
61	61	county court, a justice court, or a municipal court of record, or a
62	62	district court in the county in which the trial court is located
63	63	shall enter an order of expunction for a person entitled to
64	64	expunction under Article 55.01(a)(1)(B)(ii) not later than the 30th
65	65	day after the date the court receives notice of the pardon or other
66	66	grant of relief. The person shall provide to the court all of the
67	67	information required in a petition for expunction under Section
68	68	2(b).
69	69	SECTION 4. Section 2, Article 55.02, Code of Criminal
70	70	Procedure, is amended by adding Subsection (a-2) and amending
71	71	Subsection (b) to read as follows:
72	72	(a-2) If the arrest for which expunction is sought is for an
73	73	offense that is subject to the jurisdiction of a statutory county
74	74	court, a person who is entitled to expunction of records and files
75	75	under Article 55.01(a)(1)(A) or a person who is eligible for
76	76	expunction of records and files under Article 55.01(b) may file an
77	77	ex parte petition for expunction in a statutory county court in the
78	78	county in which:
79	79	(1) the petitioner was arrested; or
80	80	(2) the offense was alleged to have occurred.
81	81	(b) A petition filed under Subsection (a), [or] (a-1), or
82	82	(a-2) must be verified and must include the following or an
83	83	explanation for why one or more of the following is not included:
84	84	(1) the petitioner's:
85	85	(A) full name;
86	86	(B) sex;
87	87	(C) race;
88	88	(D) date of birth;
89	89	(E) driver's license number;
90	90	(F) social security number; and
91	91	(G) address at the time of the arrest;
92	92	(2) the offense charged against the petitioner;
93	93	(3) the date the offense charged against the
94	94	petitioner was alleged to have been committed;
95	95	(4) the date the petitioner was arrested;
96	96	(5) the name of the county where the petitioner was
97	97	arrested and if the arrest occurred in a municipality, the name of
98	98	the municipality;
99	99	(6) the name of the agency that arrested the
100	100	petitioner;
101	101	(7) the case number and court of offense; and
102	102	(8) together with the applicable physical or e-mail
103	103	addresses, a list of all:
104	104	(A) law enforcement agencies, jails or other
105	105	detention facilities, magistrates, courts, prosecuting attorneys,
106	106	correctional facilities, central state depositories of criminal
107	107	records, and other officials or agencies or other entities of this
108	108	state or of any political subdivision of this state;
109	109	(B) central federal depositories of criminal
110	110	records that the petitioner has reason to believe have records or
111	111	files that are subject to expunction; and
112	112	(C) private entities that compile and
113	113	disseminate for compensation criminal history record information
114	114	that the petitioner has reason to believe have information related
115	115	to records or files that are subject to expunction.
116	116	SECTION 5. Article 102.006(a-1), Code of Criminal
117	117	Procedure, is amended to read as follows:
118	118	(a-1) In addition to any other fees required by other law
119	119	and except as provided by Subsection (b), a petitioner seeking
120	120	expunction of a criminal record in a statutory county court, a
121	121	justice court, or a municipal court of record under Chapter 55 shall
122	122	pay a fee of $100 for filing an ex parte petition for expunction to
123	123	defray the cost of notifying state agencies of orders of expunction
124	124	under that chapter.
125	125	SECTION 6. Section 25.0003, Government Code, is amended by
126	126	adding Subsection (g) to read as follows:
127	127	(g) A statutory county court has concurrent jurisdiction
128	128	with a district court over expunction proceedings relating to the
129	129	arrest of a person for an offense that is subject to the
130	130	jurisdiction of a statutory county court.
131	131	SECTION 7. The change in law made by this Act applies to the
132	132	expunction of arrest records and files for any criminal offense
133	133	that occurred before, on, or after the effective date of this Act.
134	134	SECTION 8. This Act takes effect September 1, 2023.