Texas 2025 - 89th Regular

Texas House Bill HB2497 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Geren H.B. No. 2497
2	2
3	3
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the automatic expunction of arrest records and files
9	9	for certain public safety employees who successfully complete a
10	10	public safety employees treatment court program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 55.01, Code of Criminal Procedure, is
13	13	amended by amending Subsection (a) and adding Subsection (a-5) to
14	14	read as follows:
15	15	(a) A person who has been placed under a custodial or
16	16	noncustodial arrest for commission of either a felony or
17	17	misdemeanor is entitled to have all records and files relating to
18	18	the arrest expunged if:
19	19	(1) the person is tried for the offense for which the
20	20	person was arrested and is:
21	21	(A) acquitted by the trial court, except as
22	22	provided by Subsection (c);
23	23	(B) convicted and subsequently:
24	24	(i) pardoned for a reason other than that
25	25	described by Subparagraph (ii); or
26	26	(ii) pardoned or otherwise granted relief
27	27	on the basis of actual innocence with respect to that offense, if
28	28	the applicable pardon or court order clearly indicates on its face
29	29	that the pardon or order was granted or rendered on the basis of the
30	30	person's actual innocence; or
31	31	(C) convicted of an offense committed before
32	32	September 1, 2021, under Section 46.02(a), Penal Code, as that
33	33	section existed before that date; or
34	34	(2) the person has been released and the charge, if
35	35	any, has not resulted in a final conviction and is no longer pending
36	36	and there was no court-ordered community supervision under Chapter
37	37	42A for the offense, unless the offense is a Class C misdemeanor,
38	38	provided that:
39	39	(A) regardless of whether any statute of
40	40	limitations exists for the offense and whether any limitations
41	41	period for the offense has expired, an indictment or information
42	42	charging the person with the commission of a misdemeanor offense
43	43	based on the person's arrest or charging the person with the
44	44	commission of any felony offense arising out of the same
45	45	transaction for which the person was arrested:
46	46	(i) has not been presented against the
47	47	person at anytime following the arrest, and:
48	48	(a) at least 180 days have elapsed
49	49	from the date of arrest if the arrest for which the expunction was
50	50	sought was for an offense punishable as a Class C misdemeanor and if
51	51	there was no felony charge arising out of the same transaction for
52	52	which the person was arrested;
53	53	(b) at least one year has elapsed from
54	54	the date of arrest if the arrest for which the expunction was sought
55	55	was for an offense punishable as a Class B or A misdemeanor and if
56	56	there was no felony charge arising out of the same transaction for
57	57	which the person was arrested;
58	58	(c) at least three years have elapsed
59	59	from the date of arrest if the arrest for which the expunction was
60	60	sought was for an offense punishable as a felony or if there was a
61	61	felony charge arising out of the same transaction for which the
62	62	person was arrested; or
63	63	(d) the attorney representing the
64	64	state certifies that the applicable arrest records and files are
65	65	not needed for use in any criminal investigation or prosecution,
66	66	including an investigation or prosecution of another person; or
67	67	(ii) if presented at any time following the
68	68	arrest, was dismissed or quashed, and the court finds that the
69	69	indictment or information was dismissed or quashed because:
70	70	(a) the person completed a veterans
71	71	treatment court program created under Chapter 124, Government Code,
72	72	or former law, subject to Subsection (a-3);
73	73	(b) the person completed a mental
74	74	health court program created under Chapter 125, Government Code, or
75	75	former law, subject to Subsection (a-4);
76	76	(c) the person completed a public
77	77	safety employees treatment court program created under Chapter 129,
78	78	Government Code, subject to Subsection (a-5);
79	79	(d) the person completed a pretrial
80	80	intervention program authorized under Section 76.011, Government
81	81	Code, other than a veterans treatment court program created under
82	82	Chapter 124, Government Code, or former law, [or] a mental health
83	83	court program created under Chapter 125, Government Code, or former
84	84	law, or a public safety employees treatment court program created
85	85	under Chapter 129, Government Code;
86	86	(e) [(d)] the presentment had been
87	87	made because of mistake, false information, or other similar reason
88	88	indicating absence of probable cause at the time of the dismissal to
89	89	believe the person committed the offense; or
90	90	(f) [(e)] the indictment or
91	91	information was void; or
92	92	(B) prosecution of the person for the offense for
93	93	which the person was arrested is no longer possible because the
94	94	limitations period has expired.
95	95	(a-5) A person is eligible under Subsection
96	96	(a)(2)(A)(ii)(c) for an expunction of arrest records and files only
97	97	if:
98	98	(1) the person has not previously received an
99	99	expunction of arrest records and files under that sub-subparagraph;
100	100	and
101	101	(2) the person submits to the court an affidavit
102	102	attesting to that fact.
103	103	SECTION 2. Section 1a, Article 55.02, Code of Criminal
104	104	Procedure, is amended by adding Subsection (a-3) to read as
105	105	follows:
106	106	(a-3) A trial court dismissing a case following a person's
107	107	successful completion of a public safety employees treatment court
108	108	program created under Chapter 129, Government Code, if the trial
109	109	court is a district court, or a district court in the county in
110	110	which the trial court is located may, with the consent of the
111	111	attorney representing the state, enter an order of expunction for a
112	112	person entitled to expunction under Article 55.01(a)(2)(A)(ii)(c)
113	113	not later than the 30th day after the date the court dismisses the
114	114	case or receives the information regarding that dismissal, as
115	115	applicable. Notwithstanding any other law, a court that enters an
116	116	order for expunction under this subsection may not charge any fee or
117	117	assess any cost for the expunction.
118	118	SECTION 3. Article 102.006(b-1), Code of Criminal
119	119	Procedure, is amended to read as follows:
120	120	(b-1) The fees under Subsection (a) shall be waived if the
121	121	petitioner is entitled to expunction:
122	122	(1) under Article 55.01(a)(2)(A)(ii)(a) after
123	123	successful completion of a veterans treatment court program created
124	124	under Chapter 124, Government Code, or former law; [or]
125	125	(2) under Article 55.01(a)(2)(A)(ii)(b) after
126	126	successful completion of a mental health court program created
127	127	under Chapter 125, Government Code, or former law; or
128	128	(3) under Article 55.01(a)(2)(A)(ii)(c) after
129	129	successful completion of a public safety employees treatment court
130	130	program created under Chapter 129, Government Code.
131	131	SECTION 4. Section 129.002(b), Government Code, is amended
132	132	to read as follows:
133	133	(b) If a defendant successfully completes a public safety
134	134	employees treatment court program, after notice to the attorney
135	135	representing the state and a hearing in the public safety employees
136	136	treatment court at which that court determines that a dismissal is
137	137	in the best interest of justice, the public safety employees
138	138	treatment court shall provide to the court in which the criminal
139	139	case is pending information about the dismissal and shall include
140	140	all of the information required about the defendant for a petition
141	141	for expunction under Section 2(b), Article 55.02, Code of Criminal
142	142	Procedure. The court in which the criminal case is pending shall
143	143	dismiss the case against the defendant and:
144	144	(1) if that trial court is a district court, the court
145	145	may, with the consent of the attorney representing the state, enter
146	146	an order of expunction on behalf of the defendant under Section
147	147	1a(a-3), Article 55.02, Code of Criminal Procedure; or
148	148	(2) if that trial court is not a district court, the
149	149	court may, with the consent of the attorney representing the state,
150	150	forward the appropriate dismissal and expunction information to
151	151	enable a district court with jurisdiction to enter an order of
152	152	expunction on behalf of the defendant under Section 1a(a-3),
153	153	Article 55.02, Code of Criminal Procedure.
154	154	SECTION 5. (a) Except as provided by Subsection (b) of
155	155	this section, this Act applies to the expunction of arrest records
156	156	and files for a person who successfully completes a public safety
157	157	employees treatment court program under Chapter 129, Government
158	158	Code, before, on, or after the effective date of this Act,
159	159	regardless of when the underlying arrest occurred.
160	160	(b) The change in law made by this Act to Article 102.006,
161	161	Code of Criminal Procedure, applies to the fees charged or costs
162	162	assessed for an expunction order entered on or after the effective
163	163	date of this Act, regardless of whether the underlying arrest
164	164	occurred before, on, or after the effective date of this Act.
165	165	(c) For a person who is entitled to expunction under Article
166	166	55.01(a)(2)(A)(ii)(c), Code of Criminal Procedure, as amended by
167	167	this Act, based on a successful completion of a public safety
168	168	employees treatment court program under Chapter 129, Government
169	169	Code, before the effective date of this Act, notwithstanding the
170	170	30-day time limit provided for the court to enter an automatic order
171	171	of expunction under Section 1a(a-3), Article 55.02, Code of
172	172	Criminal Procedure, as added by this Act, the court may, with the
173	173	consent of the attorney representing the state, enter an order of
174	174	expunction for the person as soon as practicable after the court
175	175	receives written notice from any party to the case about the
176	176	person's entitlement to the expunction.
177	177	SECTION 6. This Act takes effect September 1, 2025.