| 1 | 1 | | S.B. No. 1725 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the expunction of certain convictions or arrests of a |
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| 6 | 6 | | minor for certain alcohol-related offenses. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. The heading to Section 106.12, Alcoholic |
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| 9 | 9 | | Beverage Code, is amended to read as follows: |
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| 10 | 10 | | Sec. 106.12. EXPUNCTION OF CONVICTION OR ARREST RECORDS OF |
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| 11 | 11 | | A MINOR. |
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| 12 | 12 | | SECTION 2. Section 106.12, Alcoholic Beverage Code, is |
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| 13 | 13 | | amended by amending Subsections (c), (d), (e), and (f) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (c) If the court finds that the applicant was not convicted |
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| 16 | 16 | | of any other violation of this code while he was a minor, the court |
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| 17 | 17 | | shall order the conviction, together with all complaints, verdicts, |
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| 18 | 18 | | sentences, prosecutorial and law enforcement records, and other |
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| 19 | 19 | | documents relating to the offense, to be expunged from the |
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| 20 | 20 | | applicant's record. After entry of the order, the applicant shall |
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| 21 | 21 | | be released from all disabilities resulting from the conviction, |
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| 22 | 22 | | and the conviction may not be shown or made known for any purpose. |
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| 23 | 23 | | (d) Any person placed under a custodial or noncustodial |
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| 24 | 24 | | arrest for not more than one incident in violation of this code |
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| 25 | 25 | | while a minor and who was not convicted of the violation may apply |
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| 26 | 26 | | to the court in which the person was charged to have the records of |
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| 27 | 27 | | the arrest expunged. The application must contain the applicant's |
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| 28 | 28 | | sworn statement that the applicant was not arrested for an event |
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| 29 | 29 | | leading to a violation of this code other than the arrest the |
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| 30 | 30 | | applicant seeks to expunge. If the court finds the applicant was |
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| 31 | 31 | | not arrested for any other event leading to a violation of this code |
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| 32 | 32 | | while a minor, the court shall order all complaints, verdicts, |
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| 33 | 33 | | prosecutorial and law enforcement records, and other documents |
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| 34 | 34 | | relating to the violation to be expunged from the applicant's |
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| 35 | 35 | | record. If the event leading to a violation of this code included |
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| 38 | 38 | | (e) The court shall charge an applicant a [reimbursement] |
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| 39 | 39 | | fee in the amount of $30 for each application for expunction filed |
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| 40 | 40 | | under this section to defray the cost of notifying state agencies of |
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| 41 | 41 | | orders of expunction under this section. |
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| 42 | 42 | | (f) The procedures for expunction provided under this |
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| 43 | 43 | | section are separate and distinct from the expunction procedures |
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| 44 | 44 | | under Chapter 55, Code of Criminal Procedure. |
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| 45 | 45 | | SECTION 3. The change in law made by this Act to Section |
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| 46 | 46 | | 106.12, Alcoholic Beverage Code, applies to the expunction of |
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| 47 | 47 | | records of a conviction or arrest made before, on, or after the |
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| 48 | 48 | | effective date of this Act. |
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| 49 | 49 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 50 | 50 | | ______________________________ ______________________________ |
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| 51 | 51 | | President of the Senate Speaker of the House |
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| 52 | 52 | | I hereby certify that S.B. No. 1725 passed the Senate on |
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| 53 | | - | April 20, 2023, by the following vote: Yeas 30, Nays 1; and that |
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| 54 | | - | the Senate adopted S.C.R. No. 61, recalling S.B. No. 1725 from the |
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| 55 | | - | Governor for a technical correction on May 28, 2023, by the |
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| 56 | | - | following vote: Yeas 31, Nays 0. |
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| 53 | + | April 20, 2023, by the following vote: Yeas 30, Nays 1. |
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