| 1 | 1 | | By: Menéndez S.B. No. 2536 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the operation and administration of practice and |
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| 7 | 7 | | procedure related to proceedings in the judicial branch of state |
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| 8 | 8 | | government. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 124.001(b), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (b) If a defendant who was arrested for or charged with, |
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| 13 | 13 | | convicted of, or placed on deferred adjudication community |
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| 14 | 14 | | supervision for any misdemeanor or felony offense successfully |
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| 15 | 15 | | completes a veterans treatment court program, after notice to, and |
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| 16 | 16 | | agreement of, the attorney representing the state and a hearing in |
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| 17 | 17 | | the veterans treatment court at which that court determines that a |
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| 18 | 18 | | dismissal is in the best interest of justice, for any justice |
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| 19 | 19 | | involved event, the veterans treatment court shall provide to the |
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| 20 | 20 | | court in which the criminal case is pending information about the |
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| 21 | 21 | | dismissal and shall include all of the information required about |
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| 22 | 22 | | the defendant for a petition for expunction under Section 2(b), |
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| 23 | 23 | | Article 55.02, Code of Criminal Procedure. The court in which the |
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| 24 | 24 | | criminal case is pending shall dismiss the case against the |
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| 25 | 25 | | defendant and: |
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| 26 | 26 | | (1) if that trial court is a district court, the court may, |
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| 27 | 27 | | with the consent of the attorney representing the state, enter an |
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| 28 | 28 | | order of expunction on behalf of the defendant under Section |
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| 29 | 29 | | 1a(a-1), Article 55.02, Code of Criminal Procedure; or |
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| 30 | 30 | | (2) if that trial court is not a district court, the |
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| 31 | 31 | | court may, with the consent of the attorney representing the state, |
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| 32 | 32 | | forward the appropriate dismissal and expunction information to |
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| 33 | 33 | | enable a district court with jurisdiction to enter an order of |
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| 34 | 34 | | expunction on behalf of the defendant under Section 1a(a-1), |
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| 35 | 35 | | Article 55.02, Code of Criminal Procedure. |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2023. |
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