Texas 2023 - 88th Regular

Texas House Bill HB4776 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6462 JRR-D
2	2	By: Canales H.B. No. 4776
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expunction of all records and files related to a
8	8	finding of criminal contempt by a court.
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 RECORDS AND FILES RELATED TO
13	13	CRIMINAL CONTEMPT. (a) A person who has been found in criminal
14	14	contempt is entitled to the expunction of all records and files
15	15	related to the contempt if a period of not less than 40 years has
16	16	passed since the date on which the person was found in contempt.
17	17	(b) The person must submit an ex parte petition for
18	18	expunction to the court that found the person in contempt. The
19	19	petition must be verified and must contain the information
20	20	described by Section 2(b), Article 55.02.
21	21	(c) If the court finds that the petitioner is entitled to
22	22	expunction of the records and files that are the subject of the
23	23	petition, the court shall enter an order directing expunction in a
24	24	manner consistent with the procedures described by Section 1a,
25	25	Article 55.02.
26	26	(d) For purposes of Articles 55.02, 55.03, 55.04, and 55.05,
27	27	a reference to "arrest" includes the taking into custody of a person
28	28	found in criminal contempt.
29	29	SECTION 2. Section 109.005(a), Business & Commerce Code, is
30	30	amended to read as follows:
31	31	(a) A business entity may not publish any criminal record
32	32	information in the business entity's possession with respect to
33	33	which the business entity has knowledge or has received notice
34	34	that:
35	35	(1) an order of expunction has been issued under
36	36	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
37	37	(2) an order of nondisclosure of criminal history
38	38	record information has been issued under Subchapter E-1, Chapter
39	39	411, Government Code.
40	40	SECTION 3. Article 55.011(b), Code of Criminal Procedure,
41	41	is amended to read as follows:
42	42	(b) A close relative of a deceased person who, if not
43	43	deceased, would be entitled to expunction of records and files
44	44	under this chapter [Article 55.01] may file on behalf of the
45	45	deceased person an ex parte petition for expunction under Section 2
46	46	or 2a, Article 55.02, or Article 55.012, as applicable. If the
47	47	court finds that the deceased person would be entitled to
48	48	expunction of any record or file that is the subject of the
49	49	petition, the court shall enter an order directing expunction.
50	50	SECTION 4. Section 411.0835, Government Code, is amended to
51	51	read as follows:
52	52	Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
53	53	CERTAIN PRIVATE ENTITIES. If the department receives information
54	54	indicating that a private entity that purchases criminal history
55	55	record information from the department has been found by a court to
56	56	have committed three or more violations of Section 552.1425 by
57	57	compiling or disseminating information with respect to which an
58	58	order of expunction has been issued under Chapter 55 [Article
59	59	55.02], Code of Criminal Procedure, or an order of nondisclosure of
60	60	criminal history record information has been issued under
61	61	Subchapter E-1, the department may not release any criminal history
62	62	record information to that entity until the first anniversary of
63	63	the date of the most recent violation.
64	64	SECTION 5. Section 411.0851(a), Government Code, is amended
65	65	to read as follows:
66	66	(a) A private entity that compiles and disseminates for
67	67	compensation criminal history record information shall destroy and
68	68	may not disseminate any information in the possession of the entity
69	69	with respect to which the entity has received notice that:
70	70	(1) an order of expunction has been issued under
71	71	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
72	72	(2) an order of nondisclosure of criminal history
73	73	record information has been issued under Subchapter E-1.
74	74	SECTION 6. Section 411.151(b), Government Code, is amended
75	75	to read as follows:
76	76	(b) A person may petition for the expunction of a DNA record
77	77	under the procedures established under Article 55.02, Code of
78	78	Criminal Procedure, if the person is entitled to the expunction of
79	79	records relating to the offense to which the DNA record is related
80	80	under Chapter 55 [Article 55.01], Code of Criminal Procedure.
81	81	SECTION 7. Section 552.1425(a), Government Code, is amended
82	82	to read as follows:
83	83	(a) A private entity that compiles and disseminates for
84	84	compensation criminal history record information may not compile or
85	85	disseminate information with respect to which the entity has
86	86	received notice that:
87	87	(1) an order of expunction has been issued under
88	88	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
89	89	(2) an order of nondisclosure of criminal history
90	90	record information has been issued under Subchapter E-1, Chapter
91	91	411.
92	92	SECTION 8. This Act applies to an expunction of records and
93	93	files relating to a finding of criminal contempt that occurred
94	94	before, on, or after the effective date of this Act.
95	95	SECTION 9. This Act takes effect September 1, 2023.