| 1 | 1 | | 88R7654 JCG-F |
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| 2 | 2 | | By: Johnson S.B. No. 686 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the procedures for the expunction of arrest records and |
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| 8 | 8 | | files for persons who complete certain court programs or pretrial |
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| 9 | 9 | | intervention programs. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 1a(a-1) and (a-2), Article 55.02, Code |
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| 12 | 12 | | of Criminal Procedure, are redesignated as Section 1b, Article |
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| 13 | 13 | | 55.02, Code of Criminal Procedure, and amended to read as follows: |
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| 14 | 14 | | Sec. 1b. (a) [(a-1)] A trial court dismissing a case |
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| 15 | 15 | | following a person's successful completion of a veterans treatment |
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| 16 | 16 | | court program created under Chapter 124, Government Code, or former |
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| 17 | 17 | | law, if the trial court is a district court, or a district court in |
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| 18 | 18 | | the county in which the trial court is located shall [may, with the |
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| 19 | 19 | | consent of the attorney representing the state,] enter an order of |
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| 20 | 20 | | expunction for a person entitled to expunction under Article |
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| 21 | 21 | | 55.01(a)(2)(A)(ii)(a) not later than the 30th day after the date |
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| 22 | 22 | | the court dismisses the case or receives the information regarding |
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| 23 | 23 | | that dismissal, as applicable. [Notwithstanding any other law, a |
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| 24 | 24 | | court that enters an order for expunction under this subsection may |
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| 25 | 25 | | not charge any fee or assess any cost for the expunction.] |
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| 26 | 26 | | (b) [(a-2)] A trial court dismissing a case following a |
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| 27 | 27 | | person's successful completion of a mental health court program |
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| 28 | 28 | | created under Chapter 125, Government Code, or former law, if the |
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| 29 | 29 | | trial court is a district court, or a district court in the county |
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| 30 | 30 | | in which the trial court is located shall [may, with the consent of |
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| 31 | 31 | | the attorney representing the state,] enter an order of expunction |
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| 32 | 32 | | for a person entitled to expunction under Article |
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| 33 | 33 | | 55.01(a)(2)(A)(ii)(b) not later than the 30th day after the date |
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| 34 | 34 | | the court dismisses the case or receives the information regarding |
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| 35 | 35 | | that dismissal, as applicable. [Notwithstanding any other law, a |
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| 36 | 36 | | court that enters an order for expunction under this subsection may |
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| 37 | 37 | | not charge any fee or assess any cost for the expunction.] |
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| 38 | 38 | | SECTION 2. Section 1b, Article 55.02, Code of Criminal |
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| 39 | 39 | | Procedure, as added by this Act, is amended by adding Subsections |
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| 40 | 40 | | (c), (d), and (e) to read as follows: |
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| 41 | 41 | | (c) This subsection applies only to a pretrial intervention |
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| 42 | 42 | | program authorized under Section 76.011, Government Code, other |
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| 43 | 43 | | than a program described by Subsection (a) or (b) of this section. |
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| 44 | 44 | | A trial court dismissing a case following a person's successful |
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| 45 | 45 | | completion of a program to which this subsection applies, if the |
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| 46 | 46 | | trial court dismissing the case is a district court, or a district |
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| 47 | 47 | | court in the county in which the trial court is located shall enter |
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| 48 | 48 | | an order of expunction for a person entitled to expunction under |
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| 49 | 49 | | Article 55.01(a)(2)(A)(ii)(c) not later than the 30th day after the |
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| 50 | 50 | | date the court dismisses the case or receives the information |
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| 51 | 51 | | regarding that dismissal, as applicable. |
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| 52 | 52 | | (d) The person for whom a court is required to enter an order |
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| 53 | 53 | | of expunction under Subsection (a), (b), or (c), as applicable, |
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| 54 | 54 | | shall provide to the attorney representing the state all of the |
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| 55 | 55 | | information required in a petition for expunction under Section |
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| 56 | 56 | | 2(b). The attorney representing the state shall prepare an |
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| 57 | 57 | | expunction order under this section for the court's signature. |
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| 58 | 58 | | (e) Notwithstanding any other law, a court that enters an |
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| 59 | 59 | | order for expunction under this section may not charge any fee or |
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| 60 | 60 | | assess any cost for the expunction. |
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| 61 | 61 | | SECTION 3. Section 5, Article 55.02, Code of Criminal |
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| 62 | 62 | | Procedure, is amended by adding Subsection (h) to read as follows: |
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| 63 | 63 | | (h) Notwithstanding any other provision of this section, a |
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| 64 | 64 | | community supervision and corrections department established under |
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| 65 | 65 | | Chapter 76, Government Code, or an office of an attorney |
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| 66 | 66 | | representing the state, in possession of records and files subject |
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| 67 | 67 | | to an expunction order based on an entitlement under Article |
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| 68 | 68 | | 55.01(a)(2)(A)(ii)(a), (b), or (c) may retain and use those records |
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| 69 | 69 | | and files only for the purpose of developing and operating pretrial |
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| 70 | 70 | | intervention programs in a judicial district served by the |
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| 71 | 71 | | department or office. |
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| 72 | 72 | | SECTION 4. Article 102.006(b-1), Code of Criminal |
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| 73 | 73 | | Procedure, is amended to read as follows: |
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| 74 | 74 | | (b-1) The fees under Subsection (a) shall be waived if the |
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| 75 | 75 | | petitioner is entitled to expunction: |
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| 76 | 76 | | (1) under Article 55.01(a)(2)(A)(ii)(a) after |
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| 77 | 77 | | successful completion of a veterans treatment court program created |
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| 78 | 78 | | under Chapter 124, Government Code, or former law; [or] |
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| 79 | 79 | | (2) under Article 55.01(a)(2)(A)(ii)(b) after |
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| 80 | 80 | | successful completion of a mental health court program created |
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| 81 | 81 | | under Chapter 125, Government Code, or former law; or |
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| 82 | 82 | | (3) under Article 55.01(a)(2)(A)(ii)(c) after |
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| 83 | 83 | | successful completion of a pretrial intervention program |
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| 84 | 84 | | authorized under Section 76.011, Government Code. |
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| 85 | 85 | | SECTION 5. (a) Except as provided by Subsection (b) of |
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| 86 | 86 | | this section and subject to Subsection (c) of this section, this Act |
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| 87 | 87 | | applies, regardless of when the underlying arrest occurred, to the |
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| 88 | 88 | | expunction of arrest records and files for a person who |
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| 89 | 89 | | successfully completes any of the following programs before, on, or |
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| 90 | 90 | | after the effective date of this Act: |
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| 91 | 91 | | (1) a veterans treatment court program under Chapter |
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| 92 | 92 | | 124, Government Code, or former law; |
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| 93 | 93 | | (2) a mental health court program under Chapter 125, |
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| 94 | 94 | | Government Code, or former law; or |
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| 95 | 95 | | (3) a pretrial intervention program authorized under |
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| 96 | 96 | | Section 76.011, Government Code. |
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| 97 | 97 | | (b) The change in law made by this Act to Article 102.006, |
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| 98 | 98 | | Code of Criminal Procedure, applies to the fees charged or costs |
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| 99 | 99 | | assessed for an expunction order entered on or after the effective |
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| 100 | 100 | | date of this Act, regardless of whether the underlying arrest |
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| 101 | 101 | | occurred before, on, or after the effective date of this Act. |
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| 102 | 102 | | (c) For a person who is entitled to expunction under Article |
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| 103 | 103 | | 55.01(a)(2)(A)(ii)(a), (b), or (c), Code of Criminal Procedure, |
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| 104 | 104 | | based on a successful completion of a program described by |
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| 105 | 105 | | Subsection (a) of this section before the effective date of this |
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| 106 | 106 | | Act, notwithstanding the 30-day time limit provided for the court |
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| 107 | 107 | | to enter an automatic order of expunction under Section 1b, Article |
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| 108 | 108 | | 55.02, Code of Criminal Procedure, as added by this Act, the court |
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| 109 | 109 | | shall enter the required order of expunction for the person as soon |
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| 110 | 110 | | as practicable after the court receives written notice from any |
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| 111 | 111 | | party to the case about the person's entitlement to the expunction. |
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| 112 | 112 | | SECTION 6. This Act takes effect September 1, 2023. |
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