Bill Text: TX HB1070 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the expunction of certain alcohol- and drug-related offenses following successful treatment and rehabilitation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-02 - Committee report sent to Calendars [HB1070 Detail]
Download: Texas-2013-HB1070-Introduced.html
83R2157 PEP-F | ||
By: Allen | H.B. No. 1070 |
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relating to the expunction of certain alcohol- and drug-related | ||
offenses following successful treatment and rehabilitation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 55, Code of Criminal Procedure, is | ||
amended by adding Article 55.012 to read as follows: | ||
Art. 55.012. EXPUNCTION OF CERTAIN ALCOHOL- AND | ||
DRUG-RELATED OFFENSES FOLLOWING SUCCESSFUL TREATMENT. (a) A person | ||
who has been placed under a custodial or noncustodial arrest for an | ||
offense involving the possession or use of alcohol or a substance | ||
regulated under Chapter 481, Health and Safety Code, may petition a | ||
district court for the county in which the person resides to have | ||
all records and files related to the arrest expunged if the person: | ||
(1) fully discharged the person's sentence, including | ||
any term of incarceration and parole or other form of supervision; | ||
(2) successfully completed a substance abuse | ||
treatment course of not less than six months in duration at a | ||
treatment facility, as defined by Section 462.001, Health and | ||
Safety Code; | ||
(3) maintained an alcohol- and drug-free lifestyle for | ||
a period of not less than two years following the substance abuse | ||
treatment course; and | ||
(4) has not been arrested for the commission of any | ||
felony committed after the date of the arrest with respect to which | ||
the person seeks an expunction. | ||
(b) The person must submit a petition for expunction to a | ||
district court under this article. The petition must be verified | ||
and must contain: | ||
(1) the information described by Section 2(b), Article | ||
55.02; and | ||
(2) a statement that the person meets each requirement | ||
for expunction described by Subsection (a). | ||
(c) After receipt of a petition under Subsection (b) and | ||
notice to the state, the court may hold a hearing to determine | ||
whether the petitioner meets each requirement for expunction | ||
described by Subsection (a). If after the hearing the court finds | ||
that the petitioner meets each requirement for expunction and the | ||
issuance of an order directing expunction is in the best interest of | ||
justice, the court may enter an order directing expunction in a | ||
manner consistent with the procedures described by Section 1a, | ||
Article 55.02. | ||
SECTION 2. Section 411.0851(a), Government Code, is amended | ||
to read as follows: | ||
(a) A private entity that compiles and disseminates for | ||
compensation criminal history record information shall destroy and | ||
may not disseminate any information in the possession of the entity | ||
with respect to which the entity has received notice that: | ||
(1) an order of expunction has been issued under | ||
Chapter 55 [ |
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(2) an order of nondisclosure has been issued under | ||
Section 411.081(d). | ||
SECTION 3. Section 552.1425(a), Government Code, is amended | ||
to read as follows: | ||
(a) A private entity that compiles and disseminates for | ||
compensation criminal history record information may not compile or | ||
disseminate information with respect to which the entity has | ||
received notice that: | ||
(1) an order of expunction has been issued under | ||
Chapter 55 [ |
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(2) an order of nondisclosure has been issued under | ||
Section 411.081(d). | ||
SECTION 4. This Act takes effect September 1, 2013. |