Texas 2025 - 89th Regular

Texas Senate Bill SB1667 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Zaffirini S.B. No. 1667
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	2	+	(In the Senate - Filed February 27, 2025; March 11, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	April 10, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 0; April 10, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1667 By: Flores
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the procedures for the expunction of arrest records and
9	14		files; authorizing a fee.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Article 55A.203, Code of Criminal Procedure, is
12	17		amended by adding Subsection (d) to read as follows:
13	18		(d) A person entitled to expunction under Article
14	19		55A.053(a)(2)(A) or (B) shall provide the court with the
15	20		information required in a petition for expunction under Article
16	21		55A.253.
17	22		SECTION 2. Article 55A.253, Code of Criminal Procedure, is
18	23		amended to read as follows:
19	24		Art. 55A.253. CONTENTS OF PETITION. (a) An ex parte
20	25		petition filed under Article 55A.251, 55A.252, or 55A.257 must be
21	26		verified and must include, with respect to the person who is the
22	27		subject of the petition, the following or an explanation for why one
23	28		or more of the following is not included:
24	29		(1) the person's:
25	30		(A) full name;
26	31		(B) sex;
27	32		(C) race;
28	33		(D) date of birth;
29	34		(E) driver's license number;
30	35		(F) social security number; and
31	36		(G) address at the time of the arrest;
32	37		(2) the offense charged;
33	38		(3) the date the offense charged was alleged to have
34	39		been committed;
35	40		(4) the date of arrest;
36	41		(5) the name of the county of arrest and if the arrest
37	42		occurred in a municipality, the name of the municipality;
38	43		(6) the name of the arresting agency;
39	44		(7) the case number and court of offense; and
40	45		(8) together with the applicable physical and [or]
41	46		e-mail addresses, a list of all:
42	47		(A) law enforcement agencies, jails or other
43	48		detention facilities, magistrates, courts, attorneys representing
44	49		the state, correctional facilities, central state depositories of
45	50		criminal records, and other officials or agencies or other entities
46	51		of this state or of any political subdivision of this state;
47	52		(B) central federal depositories of criminal
48	53		records that the person who is the subject of the petition has
49	54		reason to believe have records or files that are subject to
50	55		expunction; and
51	56		(C) private entities that compile and
52	57		disseminate for compensation criminal history record information
53	58		that the person who is the subject of the petition has reason to
54	59		believe have information related to records or files that are
55	60		subject to expunction.
56	61		(b) A petition under this article may not:
57	62		(1) list any state or local agency more than once; or
58	63		(2) include multiple contacts or addresses for
59	64		different divisions with respect to the same state or local agency.
60	65		(c) Each district clerk shall compile and maintain on the
61	66		clerk's Internet website a list of the agencies and entities
62	67		described by Subsection (a)(8)(A) and include the applicable e-mail
63	68		addresses for those agencies and entities. The district clerk is
64	69		not responsible for ensuring that:
65	70		(1) the website contains a complete list of agencies
66	71		and entities described by Subsection (a)(8)(A); or
67	72		(2) a petition filed under this article contains a
68	73		complete list of agencies and entities described by Subsection
69	74		(a)(8)(A).
70	75		SECTION 3. Article 55A.254, Code of Criminal Procedure, is
71	76		amended by amending Subsection (a) and adding Subsections (a-1),
72	77		(d), (e), (f), and (g) to read as follows:
73	78		(a) The court shall set a hearing on an ex parte petition for
74	79		expunction not earlier than the 30th day following the date [30 days
75	80		from the filing of] the petition is filed and shall give a copy of
76	81		the petition and notice of hearing to each official, [or] agency, or
77	82		other [governmental] entity listed [named] in the petition, other
78	83		than central federal depositories of criminal records, [reasonable
79	84		notice of the hearing] by:
80	85		(1) certified mail, return receipt requested; or
81	86		(2) secure electronic mail, electronic transmission,
82	87		or facsimile transmission.
83	88		(a-1) The clerk of the court is not required to transmit a
84	89		copy of either the petition or notice of hearing to the Office of
85	90		Court Administration of the Texas Judicial System.
86	91		(d) A state or local agency with an e-mail address that is
87	92		identified under Article 55A.253(a) must accept a copy of the
88	93		petition or notice of hearing that is provided in an electronic
89	94		format by the clerk of the court.
90	95		(e) The clerk of the court may not charge a fee to
91	96		electronically transmit a copy of the petition or notice of hearing
92	97		to an official, agency, or other entity for which an e-mail address
93	98		or other means of electronic transmission is provided in the
94	99		petition.
95	100		(f) The clerk of the court shall charge a fee of $25 for each
96	101		official, agency, or other entity that is listed in the petition and
97	102		that is unable to receive an electronic transmission under
98	103		Subsection (e).
99	104		(g) On receipt of a copy of a petition or notice of hearing
100	105		under this article, the Department of Public Safety shall notify
101	106		the appropriate central federal depositories of criminal records
102	107		listed in the petition.
103	108		SECTION 4. Article 55A.256, Code of Criminal Procedure, is
104	109		amended by amending Subsection (c) and adding Subsection (c-1) to
105	110		read as follows:
106	111		(c) After verifying the allegations in the application, the
107	112		attorney representing the state shall:
108	113		(1) include on the application information regarding
109	114		the arrest that was requested of the applicant but was unknown by
110	115		the applicant;
111	116		(2) forward a copy of the application to the district
112	117		court for the county;
113	118		(3) together with the applicable physical and [or]
114	119		e-mail addresses, attach to the copy a list of all:
115	120		(A) law enforcement agencies, jails or other
116	121		detention facilities, magistrates, courts, attorneys representing
117	122		the state, correctional facilities, central state depositories of
118	123		criminal records, and other officials or agencies or other entities
119	124		of this state or of any political subdivision of this state;
120	125		(B) central federal depositories of criminal
121	126		records that are reasonably likely to have records or files
122	127		containing information that is subject to expunction; and
123	128		(C) private entities that compile and
124	129		disseminate for compensation criminal history record information
125	130		that are reasonably likely to have records or files containing
126	131		information that is subject to expunction; and
127	132		(4) request the court to enter an order directing
128	133		expunction based on an entitlement to expunction under Article
129	134		55A.006.
130	135		(c-1) An application under this article may not:
131	136		(1) list any state or local agency more than once; or
132	137		(2) include multiple contacts or addresses for
133	138		different divisions with respect to the same state or local agency.
134	139		SECTION 5. Subchapter G, Chapter 55A, Code of Criminal
135	140		Procedure, is amended by adding Article 55A.3025 to read as
136	141		follows:
137	142		Art. 55A.3025. RETENTION OF CERTAIN MENTAL HEALTH RECORDS.
138	143		(a) The court shall retain federal prohibited person information,
139	144		as defined by Section 411.052, Government Code, regardless of
140	145		whether an expunction order is issued with regard to the criminal
141	146		case in which that information is contained.
142	147		(b) The court shall keep the information described by
143	148		Subsection (a) confidential, and the information is subject to
144	149		release to the Department of Public Safety or the Federal Bureau of
145	150		Investigation, as applicable, only for purposes of an audit of
146	151		records described by Section 411.0521(c-1), Government Code, or to
147	152		otherwise verify the inclusion of a person's records in the
148	153		National Instant Criminal Background Check System.
149	154		SECTION 6. Article 55A.351, Code of Criminal Procedure, is
150	155		amended by amending Subsections (a), (b), and (c) and adding
151	156		Subsections (b-1), (b-2), and (b-3) to read as follows:
152	157		(a) When an expunction order issued under Subchapter E or F
153	158		is final, the clerk of the court shall send a [certified] copy of
154	159		the order to the Crime Records Service of the Department of Public
155	160		Safety, the Office of Court Administration of the Texas Judicial
156	161		System, and to each official or agency or other governmental entity
157	162		of this state or of any political subdivision of this state listed
158	163		[named] in the order.
159	164		(b) The [certified] copy of the order must be sent by secure
160	165		electronic mail, electronic transmission, or facsimile
161	166		transmission or otherwise by certified mail, return receipt
162	167		requested.
163	168		(b-1) A state or local agency with an e-mail address that is
164	169		identified under Article 55A.253 or 55A.256 must accept a copy of an
165	170		expunction order that is provided in an electronic format by the
166	171		clerk of the court.
167	172		(b-2) The clerk of the court may not charge a fee to
168	173		electronically transmit a copy of the expunction order to an
169	174		official or agency or other governmental entity for which an e-mail
170	175		address or other means of electronic transmission is provided in
171	176		the applicable petition or application.
172	177		(b-3) The clerk of the court shall charge a fee of $25 for
173	178		each official, agency, or other governmental entity that is listed
174	179		in the applicable petition or application and that is unable to
175	180		receive an electronic transmission under Subsection (b-2).
176	181		(c) In sending the order under Subsection (a) to a
177	182		governmental entity listed [named] in the order, the clerk may
178	183		elect to substitute hand delivery for certified mail, but the clerk
179	184		must receive a receipt for that hand-delivered order.
180	185		SECTION 7. Article 55A.352(c), Code of Criminal Procedure,
181	186		is amended to read as follows:
182	187		(c) The department shall provide, by secure electronic
183	188		mail, electronic transmission, or facsimile transmission, notice
184	189		of the order to any private entity that is listed [named] in the
185	190		order or that purchases criminal history record information from
186	191		the department.
187	192		SECTION 8. Article 55A.353, Code of Criminal Procedure, is
188	193		amended to read as follows:
189	194		Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as
190	195		provided by Articles 55A.354 and 55A.357, on receipt of an
191	196		expunction order issued under Subchapter E or F, each official or
192	197		agency or other governmental entity listed [named] in the order
193	198		shall:
194	199		(1) as appropriate:
195	200		(A) return all records and files that are subject
196	201		to the expunction order to the court; or
197	202		(B) in cases other than those described by
198	203		Articles 55A.202 and 55A.203, if removal is impracticable,
199	204		obliterate all portions of the record or file that identify the
200	205		person who is the subject of the order and notify the court of the
201	206		action; and
202	207		(2) delete from the listed [named] entity's public
203	208		records all index references to the records and files that are
204	209		subject to the expunction order.
205	210		SECTION 9. Article 55A.354, Code of Criminal Procedure, is
206	211		amended to read as follows:
207	212		Art. 55A.354. DISPOSITION OF RECORDS EXPUNGED DUE TO
208	213		MISTAKEN IDENTITY. On receipt of an order granting expunction to a
209	214		person entitled to expunction under Article 55A.006, each official,
210	215		agency, or other governmental entity listed [named] in the order:
211	216		(1) shall:
212	217		(A) obliterate all portions of the record or file
213	218		that identify the person who is the subject of the order; and
214	219		(B) if applicable, substitute for all
215	220		obliterated portions of the record or file any available
216	221		information that identifies the person arrested; and
217	222		(2) may not return the record or file or delete index
218	223		references to the record or file.
219	224		SECTION 10. Article 55A.356, Code of Criminal Procedure, is
220	225		amended by amending Subsection (c) and adding Subsection (c-1) to
221	226		read as follows:
222	227		(c) Except in the case of a person who is the subject of an
223	228		expunction order on the basis of an acquittal or an expunction order
224	229		based on an entitlement under Article 55A.006 and except as
225	230		provided by Article 55A.357, the clerk of the court shall destroy
226	231		all the files or other records maintained under Subsection (b),
227	232		other than the expunction order itself, on [not earlier than the
228	233		60th day after the date the order is issued or later than] the first
229	234		anniversary of the [that] date the order is issued, unless the
230	235		records or files were released under Article 55A.355.
231	236		(c-1) The clerk of the court shall maintain the expunction
232	237		order in a confidential manner and provide a copy only to the person
233	238		subject to the order after proper presentation of identification,
234	239		subject to any further order from the court regarding access to the
235	240		order.
236	241		SECTION 11. The following provisions of the Code of
237	242		Criminal Procedure are repealed:
238	243		(1) Articles 55A.356(d) and (e); and
239	244		(2) Article 102.006.
240	245		SECTION 12. Articles 55A.203, 55A.253, 55A.254, and
241	246		55A.256, Code of Criminal Procedure, as amended by this Act, apply
242	247		only to a petition or application filed on or after the effective
243	248		date of this Act. A petition or application filed before the
244	249		effective date of this Act is governed by the law in effect on the
245	250		date the petition or application was filed, and the former law is
246	251		continued in effect for that purpose.
247	252		SECTION 13. Article 55A.351, Code of Criminal Procedure, as
248	253		amended by this Act, applies only to an expunction order that
249	254		becomes final on or after the effective date of this Act.
250	255		SECTION 14. Article 55A.356(c), Code of Criminal Procedure,
251	256		as amended by this Act, Articles 55A.3025 and 55A.356(c-1), Code of
252	257		Criminal Procedure, as added by this Act, and Articles 55A.356(d)
253	258		and (e), Code of Criminal Procedure, as repealed by this Act, apply
254	259		to any records and files in the possession of the clerk of the court
255	260		on or after the effective date of this Act.
256	261		SECTION 15. The repeal of Article 102.006, Code of Criminal
257	262		Procedure, by this Act applies to an expunction order entered on or
258	263		after the effective date of this Act, regardless of whether the
259	264		underlying arrest occurred before, on, or after the effective date
260	265		of this Act.
261	266		SECTION 16. To the extent of any conflict, this Act prevails
262	267		over another Act of the 89th Legislature, Regular Session, 2025,
263	268		relating to nonsubstantive additions to and corrections in enacted
264	269		codes.
265	270		SECTION 17. This Act takes effect September 1, 2025.
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