| 1 | 1 | | 89R9177 CJD-D |
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| 2 | 2 | | By: Plesa H.B. No. 2042 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to automatic expunction of arrest records and files for |
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| 10 | 10 | | certain persons who are tried for an offense and subsequently |
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| 11 | 11 | | acquitted and to the provision of certain records relating to that |
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| 12 | 12 | | expunction. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Article 55A.201, Code of Criminal Procedure, is |
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| 15 | 15 | | amended by amending Subsections (a) and (d) and adding Subsections |
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| 16 | 16 | | (e) and (f) to read as follows: |
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| 17 | 17 | | (a) An [At the request of the acquitted person and after |
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| 18 | 18 | | notice to the state, or at the request of the attorney representing |
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| 19 | 19 | | the state with the consent of the acquitted person, an] expunction |
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| 20 | 20 | | order shall be entered, not later than the 30th day after the date |
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| 21 | 21 | | of the acquittal, for a person entitled to expunction under Article |
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| 22 | 22 | | 55A.002 by: |
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| 23 | 23 | | (1) the trial court presiding over the case in which |
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| 24 | 24 | | the person was acquitted, if the court is: |
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| 25 | 25 | | (A) a district court; |
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| 26 | 26 | | (B) a justice court; or |
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| 27 | 27 | | (C) a municipal court of record; or |
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| 28 | 28 | | (2) a district court in the county in which the trial |
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| 29 | 29 | | court is located. |
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| 30 | 30 | | (d) An expunction order under this article shall be prepared |
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| 31 | 31 | | for the court's signature by: |
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| 32 | 32 | | (1) the attorney for the acquitted person in the case |
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| 33 | 33 | | in which the person was acquitted, if the acquitted person was |
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| 34 | 34 | | represented by an attorney; or |
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| 35 | 35 | | (2) the attorney representing the state, if the person |
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| 36 | 36 | | was not represented by an attorney [or if the attorney representing |
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| 37 | 37 | | the state requested the order]. |
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| 38 | 38 | | (e) If the trial court is not a court described by |
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| 39 | 39 | | Subsection (a)(1), the trial court shall forward the proposed order |
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| 40 | 40 | | and all information required in a petition for expunction under |
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| 41 | 41 | | Article 55A.253 to a court described by Subsection (a)(2). |
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| 42 | 42 | | (f) A court that issues an expunction order under this |
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| 43 | 43 | | article shall provide to the person who is the subject of the order |
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| 44 | 44 | | a certified copy of: |
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| 45 | 45 | | (1) the order; and |
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| 46 | 46 | | (2) the court's case file, including all documents, |
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| 47 | 47 | | items, and information required to be disclosed to the person under |
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| 48 | 48 | | Article 39.14 and in the possession of the state at the time of the |
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| 49 | 49 | | order. |
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| 50 | 50 | | SECTION 2. Articles 55A.201(b) and (c), Code of Criminal |
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| 51 | 51 | | Procedure, are repealed. |
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| 52 | 52 | | SECTION 3. (a) This Act applies to the expunction of arrest |
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| 53 | 53 | | records and files for a person entitled to that expunction under |
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| 54 | 54 | | Article 55A.002, Code of Criminal Procedure, before, on, or after |
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| 55 | 55 | | the effective date of this Act, regardless of when the underlying |
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| 56 | 56 | | arrest occurred. |
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| 57 | 57 | | (b) For a person who is entitled to expunction under Article |
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| 58 | 58 | | 55A.002, Code of Criminal Procedure, based on an acquittal that |
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| 59 | 59 | | occurred before the effective date of this Act, notwithstanding the |
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| 60 | 60 | | 30-day time limit provided for the court to enter an automatic order |
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| 61 | 61 | | of expunction under Article 55A.201, Code of Criminal Procedure, as |
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| 62 | 62 | | amended by this Act, the court shall enter an order of expunction |
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| 63 | 63 | | for the person as soon as practicable after the court receives |
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| 64 | 64 | | written notice from any party to the case about the person's |
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| 65 | 65 | | entitlement to the expunction. |
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| 66 | 66 | | SECTION 4. This Act takes effect September 1, 2025. |
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