| 1 | 1 | | 89R16008 JRR-D |
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| 2 | 2 | | By: Canales H.B. No. 3477 |
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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 the expunction of all records and files related to a |
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| 10 | 10 | | finding of criminal contempt by a court. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 55A, Code of Criminal |
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| 13 | 13 | | Procedure, is amended by adding Article 55A.007 to read as follows: |
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| 14 | 14 | | Art. 55A.007. CRIMINAL CONTEMPT. (a) Notwithstanding the |
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| 15 | 15 | | limitation provided by Article 55A.001, a person who has been found |
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| 16 | 16 | | in criminal contempt is entitled to the expunction of all records |
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| 17 | 17 | | and files related to the contempt if a period of not less than 40 |
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| 18 | 18 | | years has passed since the date on which the person was found in |
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| 19 | 19 | | contempt. |
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| 20 | 20 | | (b) For purposes of Subchapters F through J, a reference to |
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| 21 | 21 | | "arrest" includes the taking into custody of a person found in |
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| 22 | 22 | | criminal contempt. |
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| 23 | 23 | | SECTION 2. Article 55A.251, Code of Criminal Procedure, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | Art. 55A.251. FILING OF PETITION. (a) A person who is |
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| 26 | 26 | | entitled to expunction of records and files under Article 55A.002, |
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| 27 | 27 | | 55A.004, or 55A.005 or Subchapter B, or a person who is eligible for |
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| 28 | 28 | | expunction of records and files under Article 55A.101, may, subject |
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| 29 | 29 | | to Article 55A.252, file an ex parte petition for expunction in a |
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| 30 | 30 | | district court for the county in which: |
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| 31 | 31 | | (1) the petitioner was arrested; or |
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| 32 | 32 | | (2) the offense was alleged to have occurred. |
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| 33 | 33 | | (b) A person who is entitled to expunction of records and |
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| 34 | 34 | | files under Article 55A.007 may file an ex parte petition for |
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| 35 | 35 | | expunction in the court that found the person in contempt. |
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| 36 | 36 | | SECTION 3. Article 55A.257, Code of Criminal Procedure, is |
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| 37 | 37 | | amended to read as follows: |
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| 38 | 38 | | Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION |
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| 39 | 39 | | ON PERSON'S BEHALF. The director of the Department of Public Safety |
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| 40 | 40 | | or the director's authorized representative may file on behalf of a |
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| 41 | 41 | | person described by Article 55A.251(a) [55A.251] or 55A.256 an ex |
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| 42 | 42 | | parte petition for expunction in a district court for the county in |
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| 43 | 43 | | which: |
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| 44 | 44 | | (1) the person was arrested; or |
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| 45 | 45 | | (2) the offense was alleged to have occurred. |
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| 46 | 46 | | SECTION 4. This Act applies to an expunction of arrest |
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| 47 | 47 | | records and files relating to a finding of criminal contempt that |
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| 48 | 48 | | occurred before, on, or after the effective date of this Act. |
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| 49 | 49 | | SECTION 5. This Act takes effect September 1, 2025. |
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