2 | 4 | | |
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3 | 5 | | |
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4 | 6 | | A BILL TO BE ENTITLED |
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5 | 7 | | AN ACT |
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6 | 8 | | relating to the operation and administration of practice and |
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7 | 9 | | procedure related to proceedings in the judicial branch of state |
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8 | 10 | | government. |
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9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 12 | | SECTION 1. Section 124.001(b), Government Code, is amended |
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11 | 13 | | to read as follows: |
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12 | 14 | | (b) If a defendant who was arrested for or charged with, |
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13 | 15 | | convicted of, or placed on deferred adjudication community |
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14 | 16 | | supervision for any misdemeanor or felony offense successfully |
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15 | 17 | | completes a veterans treatment court program, after notice to, and |
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16 | 18 | | agreement of, the attorney representing the state and a hearing in |
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17 | 19 | | the veterans treatment court at which that court determines that a |
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18 | 20 | | dismissal is in the best interest of justice, for any justice |
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19 | 21 | | involved event, the veterans treatment court shall provide to the |
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20 | 22 | | court in which the criminal case is pending information about the |
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21 | 23 | | dismissal and shall include all of the information required about |
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22 | 24 | | the defendant for a petition for expunction under Section 2(b), |
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23 | 25 | | Article 55.02, Code of Criminal Procedure. The court in which the |
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24 | 26 | | criminal case is pending shall dismiss the case against the |
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25 | 27 | | defendant and: |
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26 | 28 | | (1) if that trial court is a district court, the court |
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27 | 29 | | may, with the consent of the attorney representing the state, enter |
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28 | 30 | | an order of expunction on behalf of the defendant under Section |
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29 | 31 | | 1a(a-1), Article 55.02, Code of Criminal Procedure; or |
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30 | 32 | | (2) if that trial court is not a district court, the |
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31 | 33 | | court may, with the consent of the attorney representing the state, |
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32 | 34 | | forward the appropriate dismissal and expunction information to |
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33 | 35 | | enable a district court with jurisdiction to enter an order of |
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34 | 36 | | expunction on behalf of the defendant under Section 1a(a-1), |
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35 | 37 | | Article 55.02, Code of Criminal Procedure. |
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36 | 38 | | SECTION 2. This Act takes effect September 1, 2025. |
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