Texas 2025 - 89th Regular

Texas Senate Bill SB537 Compare Versions

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Old	New	Differences
1	1	89R1420 JCG-F
2	2	By: Johnson S.B. No. 537
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedures for the expunction of arrest records and
10	10	files for persons who complete certain court programs or pretrial
11	11	intervention programs.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 55A.203, Code of Criminal Procedure, is
14	14	amended by amending Subsections (a) and (b) and adding Subsections
15	15	(b-1) and (d) to read as follows:
16	16	(a) A trial court that is a district court or a district
17	17	court in the county in which the trial court is located shall [may,
18	18	with the consent of the attorney representing the state,] enter an
19	19	expunction order for a person entitled to expunction under Article
20	20	55A.053(a)(2)(A) not later than the 30th day after the date the
21	21	court, as applicable:
22	22	(1) dismisses the case following the person's
23	23	successful completion of a veterans treatment court program created
24	24	under Chapter 124, Government Code, or former law; or
25	25	(2) receives the information regarding the dismissal.
26	26	(b) A trial court that is a district court or a district
27	27	court in the county in which the trial court is located shall [may,
28	28	with the consent of the attorney representing the state,] enter an
29	29	expunction order for a person entitled to expunction under Article
30	30	55A.053(a)(2)(B) not later than the 30th day after the date the
31	31	court, as applicable:
32	32	(1) dismisses the case following the person's
33	33	successful completion of a mental health court program created
34	34	under Chapter 125, Government Code, or former law; or
35	35	(2) receives the information regarding the dismissal.
36	36	(b-1) A trial court that is a district court or a district
37	37	court in the county in which the trial court is located shall enter
38	38	an expunction order for a person entitled to expunction under
39	39	Article 55A.053(a)(2)(C) not later than the 30th day after the date
40	40	the court, as applicable:
41	41	(1) dismisses the case following the person's
42	42	successful completion of a pretrial intervention program
43	43	authorized under Section 76.011, Government Code, other than a
44	44	program described by Subsection (a)(1) or (b)(1); or
45	45	(2) receives the information regarding the dismissal.
46	46	(d) The person for whom a court is required to enter an order
47	47	of expunction under Subsection (a), (b), or (b-1), as applicable,
48	48	shall provide to the attorney representing the state all of the
49	49	information required in a petition for expunction under Article
50	50	55A.253 and any affidavit required under Article 55A.053(b) or (c).
51	51	The attorney representing the state shall prepare an expunction
52	52	order under this article for the court's signature.
53	53	SECTION 2. Article 55A.204, Code of Criminal Procedure, is
54	54	amended to read as follows:
55	55	Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE
56	56	REGARDING EXPUNCTION ORDER BASED ON ACTUAL INNOCENCE. The attorney
57	57	representing the state shall prepare an expunction order under
58	58	Article 55A.202 [or 55A.203] for the court's signature and notify
59	59	the Texas Department of Criminal Justice if the person who is the
60	60	subject of the order is in the custody of the department.
61	61	SECTION 3. Article 55A.205, Code of Criminal Procedure, is
62	62	amended to read as follows:
63	63	Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER BASED ON
64	64	ACTUAL INNOCENCE. In an expunction order entered under Article
65	65	55A.202 [or 55A.203], the court shall:
66	66	(1) provide a listing of each official, agency, or
67	67	other entity of this state or political subdivision of this state
68	68	and each private entity that there is reason to believe has any
69	69	record or file that is subject to the order; and
70	70	(2) require that:
71	71	(A) the Texas Department of Criminal Justice send
72	72	to the court any documents delivered to the department under
73	73	Section 8(a), Article 42.09; and
74	74	(B) the Department of Public Safety and the Texas
75	75	Department of Criminal Justice delete or redact, as appropriate,
76	76	from their public records all index references to the records and
77	77	files that are subject to the expunction order.
78	78	SECTION 4. The heading to Article 55A.206, Code of Criminal
79	79	Procedure, is amended to read as follows:
80	80	Art. 55A.206. REQUIRED RETENTION OF CERTAIN DOCUMENTS
81	81	COLLECTED UNDER EXPUNCTION ORDER BASED ON ACTUAL INNOCENCE [BY
82	82	COURT].
83	83	SECTION 5. Article 55A.353, Code of Criminal Procedure, is
84	84	amended to read as follows:
85	85	Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as
86	86	provided by Articles 55A.354 and 55A.357, on receipt of an
87	87	expunction order issued under Subchapter E or F, each official or
88	88	agency or other governmental entity named in the order shall:
89	89	(1) as appropriate:
90	90	(A) return all records and files that are subject
91	91	to the expunction order to the court; or
92	92	(B) in cases other than those described by
93	93	Article [Articles] 55A.202 [and 55A.203], if removal is
94	94	impracticable, obliterate all portions of the record or file that
95	95	identify the person who is the subject of the order and notify the
96	96	court of the action; and
97	97	(2) delete from the named entity's public records all
98	98	index references to the records and files that are subject to the
99	99	expunction order.
100	100	SECTION 6. Subchapter H, Chapter 55A, Code of Criminal
101	101	Procedure, is amended by adding Article 55A.358 to read as follows:
102	102	Art. 55A.358. RETENTION OF RECORDS FOR DEVELOPMENT AND
103	103	OPERATION OF PRETRIAL INTERVENTION PROGRAMS. Notwithstanding
104	104	Articles 55A.353, 55A.354, 55A.355, and 55A.356, a community
105	105	supervision and corrections department established under Chapter
106	106	76, Government Code, or an office of an attorney representing the
107	107	state, in possession of records and files subject to an expunction
108	108	order based on an entitlement under Article 55A.053(a)(2)(A), (B),
109	109	or (C) may retain and use those records and files only for the
110	110	purpose of developing and operating pretrial intervention programs
111	111	in a judicial district served by the department or office.
112	112	SECTION 7. Article 102.006(b-1), Code of Criminal
113	113	Procedure, is amended to read as follows:
114	114	(b-1) The fees under Subsection (a) shall be waived if the
115	115	petitioner is entitled to expunction:
116	116	(1) under Article 55A.053(a)(2)(A) after successful
117	117	completion of a veterans treatment court program created under
118	118	Chapter 124, Government Code, or former law; [or]
119	119	(2) under Article 55A.053(a)(2)(B) after successful
120	120	completion of a mental health court program created under Chapter
121	121	125, Government Code, or former law; or
122	122	(3) under Article 55A.053(a)(2)(C) after successful
123	123	completion of a pretrial intervention program authorized under
124	124	Section 76.011, Government Code.
125	125	SECTION 8. Section 124.001, Government Code, is amended by
126	126	amending Subsection (b) and adding Subsection (c) to read as
127	127	follows:
128	128	(b) If a defendant who was arrested for or charged with, but
129	129	not convicted of or placed on deferred adjudication community
130	130	supervision for, an offense successfully completes a veterans
131	131	treatment court program, after notice to the attorney representing
132	132	the state and a hearing in the veterans treatment court at which
133	133	that court determines that a dismissal is in the best interest of
134	134	justice, the veterans treatment court shall provide to the court in
135	135	which the criminal case is pending information about the dismissal.
136	136	(c) On receipt of the dismissal information under
137	137	Subsection (b), the [and shall include all of the information
138	138	required about the defendant for a petition for expunction under
139	139	Article 55A.253, Code of Criminal Procedure. The] court in which
140	140	the criminal case is pending shall:
141	141	(1) dismiss the case against the defendant; and[:
142	142	[(1) if that trial court is a district court, the court
143	143	may, with the consent of the attorney representing the state, enter
144	144	an order of expunction on behalf of the defendant under Article
145	145	55A.203(a), Code of Criminal Procedure; or]
146	146	(2) if that trial court is not a district court, for
147	147	purposes of Article 55A.203(a), Code of Criminal Procedure, provide
148	148	to a district court in the county in which the trial court is
149	149	located information about the dismissal [the court may, with the
150	150	consent of the attorney representing the state, forward the
151	151	appropriate dismissal and expunction information to enable a
152	152	district court with jurisdiction to enter an order of expunction on
153	153	behalf of the defendant under Article 55A.203(a), Code of Criminal
154	154	Procedure].
155	155	SECTION 9. Section 125.001, Government Code, is amended by
156	156	amending Subsection (b) and adding Subsection (c) to read as
157	157	follows:
158	158	(b) If a defendant successfully completes a mental health
159	159	court program, after notice to the attorney representing the state
160	160	and a hearing in the mental health court at which that court
161	161	determines that a dismissal is in the best interest of justice, the
162	162	mental health court shall provide to the court in which the criminal
163	163	case is pending information about the dismissal.
164	164	(c) On receipt of the dismissal information under
165	165	Subsection (b), the [and shall include all of the information
166	166	required about the defendant for a petition for expunction under
167	167	Article 55A.253, Code of Criminal Procedure. The] court in which
168	168	the criminal case is pending shall:
169	169	(1) dismiss the case against the defendant; and[:
170	170	[(1) if that trial court is a district court, the court
171	171	may, with the consent of the attorney representing the state, enter
172	172	an order of expunction on behalf of the defendant under Article
173	173	55A.203(b), Code of Criminal Procedure; or]
174	174	(2) if that trial court is not a district court, for
175	175	purposes of Article 55A.203(b), Code of Criminal Procedure, provide
176	176	to a district court in the county in which the trial court is
177	177	located information about the dismissal [the court may, with the
178	178	consent of the attorney representing the state, forward the
179	179	appropriate dismissal and expunction information to enable a
180	180	district court with jurisdiction to enter an order of expunction on
181	181	behalf of the defendant under Article 55A.203(b), Code of Criminal
182	182	Procedure].
183	183	SECTION 10. (a) Except as provided by Subsection (b) of
184	184	this section and subject to Subsection (c) of this section, this Act
185	185	applies, regardless of when the underlying arrest occurred, to the
186	186	expunction of arrest records and files for a person who
187	187	successfully completes any of the following programs before, on, or
188	188	after the effective date of this Act:
189	189	(1) a veterans treatment court program under Chapter
190	190	124, Government Code, or former law;
191	191	(2) a mental health court program under Chapter 125,
192	192	Government Code, or former law; or
193	193	(3) a pretrial intervention program authorized under
194	194	Section 76.011, Government Code.
195	195	(b) The change in law made by this Act to Article 102.006,
196	196	Code of Criminal Procedure, applies to the fees charged or costs
197	197	assessed for an expunction order entered on or after the effective
198	198	date of this Act, regardless of whether the underlying arrest
199	199	occurred before, on, or after the effective date of this Act.
200	200	(c) For a person who is entitled to expunction under Article
201	201	55A.053(a)(2)(A), (B), or (C), Code of Criminal Procedure, based on
202	202	a successful completion of a program described by Subsection (a) of
203	203	this section before the effective date of this Act, notwithstanding
204	204	the 30-day time limit provided for the court to enter an automatic
205	205	order of expunction under Article 55A.203, Code of Criminal
206	206	Procedure, as amended by this Act, the court shall enter the
207	207	required order of expunction for the person as soon as practicable
208	208	after the court receives written notice from any party to the case
209	209	about the person's entitlement to the expunction.
210	210	SECTION 11. This Act takes effect September 1, 2025.