Bill Text: TX HB3371 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to automatic expunction of a conviction and records relating to certain misdemeanor offenses committed by a minor; providing a criminal penalty.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-04-17 - Left pending in committee [HB3371 Detail]
Download: Texas-2013-HB3371-Introduced.html
83R7235 ADM-D | ||
By: Giddings | H.B. No. 3371 |
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relating to automatic expunction of a conviction and records | ||
relating to certain misdemeanor offenses committed by a minor; | ||
providing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 45, Code of Criminal | ||
Procedure, is amended by adding Article 45.0551 to read as follows: | ||
Art. 45.0551. AUTOMATIC EXPUNCTION OF CONVICTION AND | ||
RECORDS IN CERTAIN MISDEMEANOR CASES. (a) Except as provided by | ||
Subsection (i), this article applies only to a person whose 17th | ||
birthday occurs on or after September 1, 2013. | ||
(b) Notwithstanding Chapter 55, a person who before the | ||
person's 17th birthday has been convicted of a Class C misdemeanor, | ||
other than a traffic offense or an offense under Section 22.01, | ||
Penal Code, is entitled to have the conviction and records related | ||
to the conviction expunged on the individual's 17th birthday. | ||
(c) Not later than the 15th day after a person becomes | ||
entitled to expunction under Subsection (b), the attorney for the | ||
state shall prepare an expunction order for the court, notify the | ||
convicting court, and notify the person that the person's record is | ||
being expunged of offenses described by that subsection. | ||
(d) Not later than the 15th day after a court receives | ||
notice under Subsection (c), the court shall expunge without a | ||
hearing the conviction and records relating to the conviction, | ||
including complaints, verdicts, sentences, and other documents | ||
relating to the offense, including any documents in the possession | ||
of a school district or law enforcement agency. | ||
(e) When an order of expunction is final under this article: | ||
(1) the release, maintenance, dissemination, or use of | ||
the expunged records and files for any purpose is prohibited; and | ||
(2) the conviction may not be shown or made known for | ||
any purpose. | ||
(f) A person commits an offense if the person: | ||
(1) acquires knowledge of a conviction of a child for | ||
an offense described by Subsection (b) while acting as a public | ||
officer, employee, or agent; | ||
(2) knows of an order expunging the records and files | ||
relating to the conviction; and | ||
(3) knowingly releases, disseminates, or otherwise | ||
uses the information, records, or files. | ||
(g) A person commits an offense if the person: | ||
(1) is ordered by a court to return or to destroy | ||
identifying portions of a record or file ordered expunged under | ||
this section; and | ||
(2) knowingly fails to return or destroy the record or | ||
file. | ||
(h) An offense under Subsection (f) or (g) is a Class B | ||
misdemeanor. | ||
(i) A person whose 17th birthday occurs before September 1, | ||
2013, may submit a petition to the convicting court for an | ||
expunction under this article. The person is entitled to | ||
expunction on presentation of the petition, in a form determined by | ||
the petitioner and without payment of a fee, not later than the 30th | ||
day after the petition is filed with the court. | ||
SECTION 2. Article 45.055, Code of Criminal Procedure, is | ||
repealed. | ||
SECTION 3. This Act takes effect September 1, 2013. |