| 1 | 1 | | 89R10685 MZM-D |
|---|
| 2 | 2 | | By: Campos H.B. No. 2417 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the eligibility of certain wrongfully imprisoned |
|---|
| 10 | 10 | | persons for compensation and for the expunction of arrest records |
|---|
| 11 | 11 | | and files in the case. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 103.001(a), Civil Practice and Remedies |
|---|
| 14 | 14 | | Code, is amended to read as follows: |
|---|
| 15 | 15 | | (a) A person is entitled to compensation if: |
|---|
| 16 | 16 | | (1) the person has served in whole or in part a |
|---|
| 17 | 17 | | sentence in prison under the laws of this state; and |
|---|
| 18 | 18 | | (2) the person: |
|---|
| 19 | 19 | | (A) has received a full pardon on the basis of |
|---|
| 20 | 20 | | innocence for the crime for which the person was sentenced; |
|---|
| 21 | 21 | | (B) has been granted relief in accordance with a |
|---|
| 22 | 22 | | writ of habeas corpus that is based on a court finding or |
|---|
| 23 | 23 | | determination that the person is actually innocent of the crime for |
|---|
| 24 | 24 | | which the person was sentenced; [or] |
|---|
| 25 | 25 | | (C) has been granted relief in accordance with a |
|---|
| 26 | 26 | | writ of habeas corpus and: |
|---|
| 27 | 27 | | (i) the state district court in which the |
|---|
| 28 | 28 | | charge against the person was pending has entered an order |
|---|
| 29 | 29 | | dismissing the charge; and |
|---|
| 30 | 30 | | (ii) the district court's dismissal order |
|---|
| 31 | 31 | | is based on a motion to dismiss in which the state's attorney states |
|---|
| 32 | 32 | | that no credible evidence exists that inculpates the defendant and, |
|---|
| 33 | 33 | | either in the motion or in an affidavit, the state's attorney states |
|---|
| 34 | 34 | | that the state's attorney believes that the defendant is actually |
|---|
| 35 | 35 | | innocent of the crime for which the person was sentenced; or |
|---|
| 36 | 36 | | (D) has had all records and files relating to the |
|---|
| 37 | 37 | | person's arrest for a crime expunged under Article 55A.101(c), Code |
|---|
| 38 | 38 | | of Criminal Procedure. |
|---|
| 39 | 39 | | SECTION 2. Article 55A.101, Code of Criminal Procedure, is |
|---|
| 40 | 40 | | amended by adding Subsection (c) to read as follows: |
|---|
| 41 | 41 | | (c) Except as provided by Article 55A.151, a district court |
|---|
| 42 | 42 | | may expunge all records and files relating to the arrest of a person |
|---|
| 43 | 43 | | if: |
|---|
| 44 | 44 | | (1) the person is: |
|---|
| 45 | 45 | | (A) tried for the offense for which the person |
|---|
| 46 | 46 | | was arrested; and |
|---|
| 47 | 47 | | (B) convicted of the offense; |
|---|
| 48 | 48 | | (2) the conviction is reversed on any grounds by the |
|---|
| 49 | 49 | | court of criminal appeals or, if the period for granting a petition |
|---|
| 50 | 50 | | for discretionary review has expired, by a court of appeals; and |
|---|
| 51 | 51 | | (3) the office of the attorney representing the state |
|---|
| 52 | 52 | | that prosecuted the offense for which the person was arrested |
|---|
| 53 | 53 | | recommends the expunction to the court. |
|---|
| 54 | 54 | | SECTION 3. (a) A person who meets the criteria of Section |
|---|
| 55 | 55 | | 103.001(a)(2)(D), Civil Practice and Remedies Code, as added by |
|---|
| 56 | 56 | | this Act, and who has not received compensation under Chapter 103, |
|---|
| 57 | 57 | | Civil Practice and Remedies Code, before the effective date of this |
|---|
| 58 | 58 | | Act, may file an application for compensation under Subchapter B, |
|---|
| 59 | 59 | | Chapter 103, Civil Practice and Remedies Code, not later than the |
|---|
| 60 | 60 | | third anniversary of the effective date of this Act. |
|---|
| 61 | 61 | | (b) The change in law made by this Act in adding Article |
|---|
| 62 | 62 | | 55A.101(c), Code of Criminal Procedure, applies to the expunction |
|---|
| 63 | 63 | | of arrest records and files for any criminal offense that occurred |
|---|
| 64 | 64 | | before, on, or after the effective date of this Act. |
|---|
| 65 | 65 | | SECTION 4. This Act takes effect September 1, 2025. |
|---|