89R16008 JRR-D
By: Canales H.B. No. 3477
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of all records and files related to a
finding of criminal contempt by a court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 55A, Code of Criminal
Procedure, is amended by adding Article 55A.007 to read as follows:
Art. 55A.007. CRIMINAL CONTEMPT. (a) Notwithstanding the
limitation provided by Article 55A.001, a person who has been found
in criminal contempt is entitled to the expunction of all records
and files related to the contempt if a period of not less than 40
years has passed since the date on which the person was found in
contempt.
(b) For purposes of Subchapters F through J, a reference to
"arrest" includes the taking into custody of a person found in
criminal contempt.
SECTION 2. Article 55A.251, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.251. FILING OF PETITION. (a) A person who is
entitled to expunction of records and files under Article 55A.002,
55A.004, or 55A.005 or Subchapter B, or a person who is eligible for
expunction of records and files under Article 55A.101, may, subject
to Article 55A.252, file an ex parte petition for expunction in a
district court for the county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
(b) A person who is entitled to expunction of records and
files under Article 55A.007 may file an ex parte petition for
expunction in the court that found the person in contempt.
SECTION 3. Article 55A.257, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION
ON PERSON'S BEHALF. The director of the Department of Public Safety
or the director's authorized representative may file on behalf of a
person described by Article 55A.251(a) [55A.251] or 55A.256 an ex
parte petition for expunction in a district court for the county in
which:
(1) the person was arrested; or
(2) the offense was alleged to have occurred.
SECTION 4. This Act applies to an expunction of arrest
records and files relating to a finding of criminal contempt that
occurred before, on, or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2025.