Texas 2023 - 88th Regular

Texas Senate Bill SB84 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1991 JRR-D
2	2	By: Johnson S.B. No. 84
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
8	8	arrests for certain decriminalized misdemeanor offenses.
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 CERTAIN DECRIMINALIZED
13	13	MISDEMEANOR OFFENSES. (a) A person who has been placed under a
14	14	custodial or noncustodial arrest for an offense is entitled to the
15	15	expunction of all records and files related to the arrest,
16	16	including, as applicable, any records and files related to a
17	17	conviction of the offense, if:
18	18	(1) the person is convicted of or placed on deferred
19	19	adjudication community supervision under Subchapter C, Chapter
20	20	42A, for the offense for which the person was arrested;
21	21	(2) the offense for which the person was arrested was a
22	22	misdemeanor offense and the conduct that was the subject of the
23	23	offense as applied to the person has been statutorily
24	24	decriminalized subsequent to the date of the commission of the
25	25	offense; and
26	26	(3) as applicable:
27	27	(A) the person's sentence, including any term of
28	28	confinement or period of community supervision imposed and payment
29	29	of all fines and costs imposed, is finally discharged; or
30	30	(B) the person received a dismissal and discharge
31	31	under Article 42A.111 for the offense.
32	32	(b) The person must submit an ex parte petition for
33	33	expunction to the court that convicted the person or placed the
34	34	person on deferred adjudication community supervision. The
35	35	petition must be verified and must contain the information
36	36	described by Section 2(b), Article 55.02.
37	37	(c) At a hearing held on a petition for expunction under
38	38	this article, the court may require the petitioner to demonstrate
39	39	that the offense that is the subject of the petition qualifies as a
40	40	statutorily decriminalized offense under current law. The
41	41	demonstration may include an affidavit signed by the petitioner
42	42	attesting to the fact that the offense that is the subject of the
43	43	petition qualifies as a statutorily decriminalized offense under
44	44	current law.
45	45	(d) If the court finds that the petitioner is entitled to
46	46	expunction of the records and files that are the subject of the
47	47	petition, the court shall enter an order directing expunction in a
48	48	manner consistent with the procedures described by Section 1a,
49	49	Article 55.02.
50	50	(e) Notwithstanding any other law, the law enforcement
51	51	agency, the prosecuting attorney responsible for investigating the
52	52	offense, and the clerk of the applicable court may retain the
53	53	records and files relating to the arrest for the offense, including
54	54	any records and files related to a conviction of the offense, to be
55	55	used only:
56	56	(1) for the investigation or prosecution of another
57	57	offense arising out of the same transaction for which the person was
58	58	arrested; or
59	59	(2) by the office of the governor in determining
60	60	whether to issue a pardon or commute a sentence.
61	61	(f) The records and files for which an order of expunction
62	62	has been issued under this article are not open for inspection by
63	63	anyone, except that the records and files are open for inspection by
64	64	the person who is the subject of the order or for the purposes
65	65	described by Subsection (e).
66	66	SECTION 2. Section 109.005(a), Business & Commerce Code, is
67	67	amended to read as follows:
68	68	(a) A business entity may not publish any criminal record
69	69	information in the business entity's possession with respect to
70	70	which the business entity has knowledge or has received notice
71	71	that:
72	72	(1) an order of expunction has been issued under
73	73	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
74	74	(2) an order of nondisclosure of criminal history
75	75	record information has been issued under Subchapter E-1, Chapter
76	76	411, Government Code.
77	77	SECTION 3. Article 55.011(b), Code of Criminal Procedure,
78	78	is amended to read as follows:
79	79	(b) A close relative of a deceased person who, if not
80	80	deceased, would be entitled to expunction of records and files
81	81	under this chapter [Article 55.01] may file on behalf of the
82	82	deceased person an ex parte petition for expunction under Section 2
83	83	or 2a, Article 55.02, or Article 55.012, as applicable. If the
84	84	court finds that the deceased person would be entitled to
85	85	expunction of any record or file that is the subject of the
86	86	petition, the court shall enter an order directing expunction.
87	87	SECTION 4. Article 102.006(b), Code of Criminal Procedure,
88	88	is amended to read as follows:
89	89	(b) The fees under Subsection (a) or the fee under
90	90	Subsection (a-1), as applicable, shall be waived if:
91	91	(1) the petitioner seeks expunction of a criminal
92	92	record that relates to an arrest for an offense of which the person
93	93	was acquitted, other than an acquittal for an offense described by
94	94	Article 55.01(c), and the petition for expunction is filed not
95	95	later than the 30th day after the date of the acquittal; or
96	96	(2) the petitioner is entitled to expunction under
97	97	Article 55.012.
98	98	SECTION 5. Section 411.0835, Government Code, is amended to
99	99	read as follows:
100	100	Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
101	101	CERTAIN PRIVATE ENTITIES. If the department receives information
102	102	indicating that a private entity that purchases criminal history
103	103	record information from the department has been found by a court to
104	104	have committed three or more violations of Section 552.1425 by
105	105	compiling or disseminating information with respect to which an
106	106	order of expunction has been issued under Chapter 55 [Article
107	107	55.02], Code of Criminal Procedure, or an order of nondisclosure of
108	108	criminal history record information has been issued under
109	109	Subchapter E-1, the department may not release any criminal history
110	110	record information to that entity until the first anniversary of
111	111	the date of the most recent violation.
112	112	SECTION 6. Section 411.0851(a), Government Code, is amended
113	113	to read as follows:
114	114	(a) A private entity that compiles and disseminates for
115	115	compensation criminal history record information shall destroy and
116	116	may not disseminate any information in the possession of the entity
117	117	with respect to which the entity has received notice that:
118	118	(1) an order of expunction has been issued under
119	119	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
120	120	(2) an order of nondisclosure of criminal history
121	121	record information has been issued under Subchapter E-1.
122	122	SECTION 7. Section 411.151(b), Government Code, is amended
123	123	to read as follows:
124	124	(b) A person may petition for the expunction of a DNA record
125	125	under the procedures established under Article 55.02, Code of
126	126	Criminal Procedure, if the person is entitled to the expunction of
127	127	records relating to the offense to which the DNA record is related
128	128	under Chapter 55 [Article 55.01], Code of Criminal Procedure.
129	129	SECTION 8. Section 552.1425(a), Government Code, is amended
130	130	to read as follows:
131	131	(a) A private entity that compiles and disseminates for
132	132	compensation criminal history record information may not compile or
133	133	disseminate information with respect to which the entity has
134	134	received notice that:
135	135	(1) an order of expunction has been issued under
136	136	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
137	137	(2) an order of nondisclosure of criminal history
138	138	record information has been issued under Subchapter E-1, Chapter
139	139	411.
140	140	SECTION 9. This Act applies to an expunction of arrest
141	141	records and files relating to any misdemeanor offense that was
142	142	committed before, on, or after the effective date of this Act.
143	143	SECTION 10. This Act takes effect September 1, 2023.