Texas 2023 - 88th Regular

Texas Senate Bill SB1020 Compare Versions

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1	1	88R5991 MEW-D
2	2	By: King S.B. No. 1020
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the automatic expunction of arrest records and files
8	8	for certain public safety employees who successfully complete a
9	9	public safety employees treatment court program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 55.01, Code of Criminal Procedure, is
12	12	amended by amending Subsection (a) and adding Subsection (a-5) to
13	13	read as follows:
14	14	(a) A person who has been placed under a custodial or
15	15	noncustodial arrest for commission of either a felony or
16	16	misdemeanor is entitled to have all records and files relating to
17	17	the arrest expunged if:
18	18	(1) the person is tried for the offense for which the
19	19	person was arrested and is:
20	20	(A) acquitted by the trial court, except as
21	21	provided by Subsection (c);
22	22	(B) convicted and subsequently:
23	23	(i) pardoned for a reason other than that
24	24	described by Subparagraph (ii); or
25	25	(ii) pardoned or otherwise granted relief
26	26	on the basis of actual innocence with respect to that offense, if
27	27	the applicable pardon or court order clearly indicates on its face
28	28	that the pardon or order was granted or rendered on the basis of the
29	29	person's actual innocence; or
30	30	(C) convicted of an offense committed before
31	31	September 1, 2021, under Section 46.02(a), Penal Code, as that
32	32	section existed before that date; or
33	33	(2) the person has been released and the charge, if
34	34	any, has not resulted in a final conviction and is no longer pending
35	35	and there was no court-ordered community supervision under Chapter
36	36	42A for the offense, unless the offense is a Class C misdemeanor,
37	37	provided that:
38	38	(A) regardless of whether any statute of
39	39	limitations exists for the offense and whether any limitations
40	40	period for the offense has expired, an indictment or information
41	41	charging the person with the commission of a misdemeanor offense
42	42	based on the person's arrest or charging the person with the
43	43	commission of any felony offense arising out of the same
44	44	transaction for which the person was arrested:
45	45	(i) has not been presented against the
46	46	person at any time following the arrest, and:
47	47	(a) at least 180 days have elapsed
48	48	from the date of arrest if the arrest for which the expunction was
49	49	sought was for an offense punishable as a Class C misdemeanor and if
50	50	there was no felony charge arising out of the same transaction for
51	51	which the person was arrested;
52	52	(b) at least one year has elapsed from
53	53	the date of arrest if the arrest for which the expunction was sought
54	54	was for an offense punishable as a Class B or A misdemeanor and if
55	55	there was no felony charge arising out of the same transaction for
56	56	which the person was arrested;
57	57	(c) at least three years have elapsed
58	58	from the date of arrest if the arrest for which the expunction was
59	59	sought was for an offense punishable as a felony or if there was a
60	60	felony charge arising out of the same transaction for which the
61	61	person was arrested; or
62	62	(d) the attorney representing the
63	63	state certifies that the applicable arrest records and files are
64	64	not needed for use in any criminal investigation or prosecution,
65	65	including an investigation or prosecution of another person; or
66	66	(ii) if presented at any time following the
67	67	arrest, was dismissed or quashed, and the court finds that the
68	68	indictment or information was dismissed or quashed because:
69	69	(a) the person completed a veterans
70	70	treatment court program created under Chapter 124, Government Code,
71	71	or former law, subject to Subsection (a-3);
72	72	(b) the person completed a mental
73	73	health court program created under Chapter 125, Government Code, or
74	74	former law, subject to Subsection (a-4);
75	75	(c) the person completed a public
76	76	safety employees treatment court program created under Chapter 129,
77	77	Government Code, subject to Subsection (a-5);
78	78	(d) the person completed a pretrial
79	79	intervention program authorized under Section 76.011, Government
80	80	Code, other than a veterans treatment court program created under
81	81	Chapter 124, Government Code, or former law, [or] a mental health
82	82	court program created under Chapter 125, Government Code, or former
83	83	law, or a public safety employees treatment court program created
84	84	under Chapter 129, Government Code;
85	85	(e) [(d)] the presentment had been
86	86	made because of mistake, false information, or other similar reason
87	87	indicating absence of probable cause at the time of the dismissal to
88	88	believe the person committed the offense; or
89	89	(f) [(e)] the indictment or
90	90	information was void; or
91	91	(B) prosecution of the person for the offense for
92	92	which the person was arrested is no longer possible because the
93	93	limitations period has expired.
94	94	(a-5) A person is eligible under Subsection
95	95	(a)(2)(A)(ii)(c) for an expunction of arrest records and files only
96	96	if:
97	97	(1) the person has not previously received an
98	98	expunction of arrest records and files under that sub-subparagraph;
99	99	and
100	100	(2) the person submits to the court an affidavit
101	101	attesting to that fact.
102	102	SECTION 2. Section 1a, Article 55.02, Code of Criminal
103	103	Procedure, is amended by adding Subsection (a-3) to read as
104	104	follows:
105	105	(a-3) A trial court dismissing a case following a person's
106	106	successful completion of a public safety employees treatment court
107	107	program created under Chapter 129, Government Code, if the trial
108	108	court is a district court, or a district court in the county in
109	109	which the trial court is located may, with the consent of the
110	110	attorney representing the state, enter an order of expunction for a
111	111	person entitled to expunction under Article 55.01(a)(2)(A)(ii)(c)
112	112	not later than the 30th day after the date the court dismisses the
113	113	case or receives the information regarding that dismissal, as
114	114	applicable. Notwithstanding any other law, a court that enters an
115	115	order for expunction under this subsection may not charge any fee or
116	116	assess any cost for the expunction.
117	117	SECTION 3. Article 102.006(b-1), Code of Criminal
118	118	Procedure, is amended to read as follows:
119	119	(b-1) The fees under Subsection (a) shall be waived if the
120	120	petitioner is entitled to expunction:
121	121	(1) under Article 55.01(a)(2)(A)(ii)(a) after
122	122	successful completion of a veterans treatment court program created
123	123	under Chapter 124, Government Code, or former law; [or]
124	124	(2) under Article 55.01(a)(2)(A)(ii)(b) after
125	125	successful completion of a mental health court program created
126	126	under Chapter 125, Government Code, or former law; or
127	127	(3) under Article 55.01(a)(2)(A)(ii)(c) after
128	128	successful completion of a public safety employees treatment court
129	129	program created under Chapter 129, Government Code.
130	130	SECTION 4. Section 129.002(b), Government Code, is amended
131	131	to read as follows:
132	132	(b) If a defendant successfully completes a public safety
133	133	employees treatment court program, after notice to the attorney
134	134	representing the state and a hearing in the public safety employees
135	135	treatment court at which that court determines that a dismissal is
136	136	in the best interest of justice, the public safety employees
137	137	treatment court shall provide to the court in which the criminal
138	138	case is pending information about the dismissal and shall include
139	139	all of the information required about the defendant for a petition
140	140	for expunction under Section 2(b), Article 55.02, Code of Criminal
141	141	Procedure. The court in which the criminal case is pending shall
142	142	dismiss the case against the defendant and:
143	143	(1) if that trial court is a district court, the court
144	144	may, with the consent of the attorney representing the state, enter
145	145	an order of expunction on behalf of the defendant under Section
146	146	1a(a-3), Article 55.02, Code of Criminal Procedure; or
147	147	(2) if that trial court is not a district court, the
148	148	court may, with the consent of the attorney representing the state,
149	149	forward the appropriate dismissal and expunction information to
150	150	enable a district court with jurisdiction to enter an order of
151	151	expunction on behalf of the defendant under Section 1a(a-3),
152	152	Article 55.02, Code of Criminal Procedure.
153	153	SECTION 5. (a) Except as provided by Subsection (b) of this
154	154	section, this Act applies to the expunction of arrest records and
155	155	files for a person who successfully completes a public safety
156	156	employees treatment court program under Chapter 129, Government
157	157	Code, before, on, or after the effective date of this Act,
158	158	regardless of when the underlying arrest occurred.
159	159	(b) The change in law made by this Act to Article 102.006,
160	160	Code of Criminal Procedure, applies to the fees charged or costs
161	161	assessed for an expunction order entered on or after the effective
162	162	date of this Act, regardless of whether the underlying arrest
163	163	occurred before, on, or after the effective date of this Act.
164	164	(c) For a person who is entitled to expunction under Article
165	165	55.01(a)(2)(A)(ii)(c), Code of Criminal Procedure, as amended by
166	166	this Act, based on a successful completion of a public safety
167	167	employees treatment court program under Chapter 129, Government
168	168	Code, before the effective date of this Act, notwithstanding the
169	169	30-day time limit provided for the court to enter an automatic order
170	170	of expunction under Section 1a(a-3), Article 55.02, Code of
171	171	Criminal Procedure, as added by this Act, the court may, with the
172	172	consent of the attorney representing the state, enter an order of
173	173	expunction for the person as soon as practicable after the court
174	174	receives written notice from any party to the case about the
175	175	person's entitlement to the expunction.
176	176	SECTION 6. This Act takes effect September 1, 2023.