89R1420 JCG-F
By: Johnson S.B. No. 537
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for the expunction of arrest records and
files for persons who complete certain court programs or pretrial
intervention programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55A.203, Code of Criminal Procedure, is
amended by amending Subsections (a) and (b) and adding Subsections
(b-1) and (d) to read as follows:
(a) A trial court that is a district court or a district
court in the county in which the trial court is located shall [may,
with the consent of the attorney representing the state,] enter an
expunction order for a person entitled to expunction under Article
55A.053(a)(2)(A) not later than the 30th day after the date the
court, as applicable:
(1) dismisses the case following the person's
successful completion of a veterans treatment court program created
under Chapter 124, Government Code, or former law; or
(2) receives the information regarding the dismissal.
(b) A trial court that is a district court or a district
court in the county in which the trial court is located shall [may,
with the consent of the attorney representing the state,] enter an
expunction order for a person entitled to expunction under Article
55A.053(a)(2)(B) not later than the 30th day after the date the
court, as applicable:
(1) dismisses the case following the person's
successful completion of a mental health court program created
under Chapter 125, Government Code, or former law; or
(2) receives the information regarding the dismissal.
(b-1) A trial court that is a district court or a district
court in the county in which the trial court is located shall enter
an expunction order for a person entitled to expunction under
Article 55A.053(a)(2)(C) not later than the 30th day after the date
the court, as applicable:
(1) dismisses the case following the person's
successful completion of a pretrial intervention program
authorized under Section 76.011, Government Code, other than a
program described by Subsection (a)(1) or (b)(1); or
(2) receives the information regarding the dismissal.
(d) The person for whom a court is required to enter an order
of expunction under Subsection (a), (b), or (b-1), as applicable,
shall provide to the attorney representing the state all of the
information required in a petition for expunction under Article
55A.253 and any affidavit required under Article 55A.053(b) or (c).
The attorney representing the state shall prepare an expunction
order under this article for the court's signature.
SECTION 2. Article 55A.204, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE
REGARDING EXPUNCTION ORDER BASED ON ACTUAL INNOCENCE. The attorney
representing the state shall prepare an expunction order under
Article 55A.202 [or 55A.203] for the court's signature and notify
the Texas Department of Criminal Justice if the person who is the
subject of the order is in the custody of the department.
SECTION 3. Article 55A.205, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER BASED ON
ACTUAL INNOCENCE. In an expunction order entered under Article
55A.202 [or 55A.203], the court shall:
(1) provide a listing of each official, agency, or
other entity of this state or political subdivision of this state
and each private entity that there is reason to believe has any
record or file that is subject to the order; and
(2) require that:
(A) the Texas Department of Criminal Justice send
to the court any documents delivered to the department under
Section 8(a), Article 42.09; and
(B) the Department of Public Safety and the Texas
Department of Criminal Justice delete or redact, as appropriate,
from their public records all index references to the records and
files that are subject to the expunction order.
SECTION 4. The heading to Article 55A.206, Code of Criminal
Procedure, is amended to read as follows:
Art. 55A.206. REQUIRED RETENTION OF CERTAIN DOCUMENTS
COLLECTED UNDER EXPUNCTION ORDER BASED ON ACTUAL INNOCENCE [BY
COURT].
SECTION 5. Article 55A.353, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as
provided by Articles 55A.354 and 55A.357, on receipt of an
expunction order issued under Subchapter E or F, each official or
agency or other governmental entity named in the order shall:
(1) as appropriate:
(A) return all records and files that are subject
to the expunction order to the court; or
(B) in cases other than those described by
Article [Articles] 55A.202 [and 55A.203], if removal is
impracticable, obliterate all portions of the record or file that
identify the person who is the subject of the order and notify the
court of the action; and
(2) delete from the named entity's public records all
index references to the records and files that are subject to the
expunction order.
SECTION 6. Subchapter H, Chapter 55A, Code of Criminal
Procedure, is amended by adding Article 55A.358 to read as follows:
Art. 55A.358. RETENTION OF RECORDS FOR DEVELOPMENT AND
OPERATION OF PRETRIAL INTERVENTION PROGRAMS. Notwithstanding
Articles 55A.353, 55A.354, 55A.355, and 55A.356, a community
supervision and corrections department established under Chapter
76, Government Code, or an office of an attorney representing the
state, in possession of records and files subject to an expunction
order based on an entitlement under Article 55A.053(a)(2)(A), (B),
or (C) may retain and use those records and files only for the
purpose of developing and operating pretrial intervention programs
in a judicial district served by the department or office.
SECTION 7. Article 102.006(b-1), Code of Criminal
Procedure, is amended to read as follows:
(b-1) The fees under Subsection (a) shall be waived if the
petitioner is entitled to expunction:
(1) under Article 55A.053(a)(2)(A) after successful
completion of a veterans treatment court program created under
Chapter 124, Government Code, or former law; [or]
(2) under Article 55A.053(a)(2)(B) after successful
completion of a mental health court program created under Chapter
125, Government Code, or former law; or
(3) under Article 55A.053(a)(2)(C) after successful
completion of a pretrial intervention program authorized under
Section 76.011, Government Code.
SECTION 8. Section 124.001, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) If a defendant who was arrested for or charged with, but
not convicted of or placed on deferred adjudication community
supervision for, an offense successfully completes a veterans
treatment court program, after notice to the attorney representing
the state and a hearing in the veterans treatment court at which
that court determines that a dismissal is in the best interest of
justice, the veterans treatment court shall provide to the court in
which the criminal case is pending information about the dismissal.
(c) On receipt of the dismissal information under
Subsection (b), the [and shall include all of the information
required about the defendant for a petition for expunction under
Article 55A.253, Code of Criminal Procedure. The] court in which
the criminal case is pending shall:
(1) dismiss the case against the defendant; and[:
[(1) if that trial court is a district court, the court
may, with the consent of the attorney representing the state, enter
an order of expunction on behalf of the defendant under Article
55A.203(a), Code of Criminal Procedure; or]
(2) if that trial court is not a district court, for
purposes of Article 55A.203(a), Code of Criminal Procedure, provide
to a district court in the county in which the trial court is
located information about the dismissal [the court may, with the
consent of the attorney representing the state, forward the
appropriate dismissal and expunction information to enable a
district court with jurisdiction to enter an order of expunction on
behalf of the defendant under Article 55A.203(a), Code of Criminal
Procedure].
SECTION 9. Section 125.001, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) If a defendant successfully completes a mental health
court program, after notice to the attorney representing the state
and a hearing in the mental health court at which that court
determines that a dismissal is in the best interest of justice, the
mental health court shall provide to the court in which the criminal
case is pending information about the dismissal.
(c) On receipt of the dismissal information under
Subsection (b), the [and shall include all of the information
required about the defendant for a petition for expunction under
Article 55A.253, Code of Criminal Procedure. The] court in which
the criminal case is pending shall:
(1) dismiss the case against the defendant; and[:
[(1) if that trial court is a district court, the court
may, with the consent of the attorney representing the state, enter
an order of expunction on behalf of the defendant under Article
55A.203(b), Code of Criminal Procedure; or]
(2) if that trial court is not a district court, for
purposes of Article 55A.203(b), Code of Criminal Procedure, provide
to a district court in the county in which the trial court is
located information about the dismissal [the court may, with the
consent of the attorney representing the state, forward the
appropriate dismissal and expunction information to enable a
district court with jurisdiction to enter an order of expunction on
behalf of the defendant under Article 55A.203(b), Code of Criminal
Procedure].
SECTION 10. (a) Except as provided by Subsection (b) of
this section and subject to Subsection (c) of this section, this Act
applies, regardless of when the underlying arrest occurred, to the
expunction of arrest records and files for a person who
successfully completes any of the following programs before, on, or
after the effective date of this Act:
(1) a veterans treatment court program under Chapter
124, Government Code, or former law;
(2) a mental health court program under Chapter 125,
Government Code, or former law; or
(3) a pretrial intervention program authorized under
Section 76.011, Government Code.
(b) The change in law made by this Act to Article 102.006,
Code of Criminal Procedure, applies to the fees charged or costs
assessed for an expunction order entered on or after the effective
date of this Act, regardless of whether the underlying arrest
occurred before, on, or after the effective date of this Act.
(c) For a person who is entitled to expunction under Article
55A.053(a)(2)(A), (B), or (C), Code of Criminal Procedure, based on
a successful completion of a program described by Subsection (a) of
this section before the effective date of this Act, notwithstanding
the 30-day time limit provided for the court to enter an automatic
order of expunction under Article 55A.203, Code of Criminal
Procedure, as amended by this Act, the court shall enter the
required order of expunction for the person as soon as practicable
after the court receives written notice from any party to the case
about the person's entitlement to the expunction.
SECTION 11. This Act takes effect September 1, 2025.