Bill Text: TX SB1646 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the procedure for expunction for certain defendants.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Criminal Justice [SB1646 Detail]
Download: Texas-2015-SB1646-Introduced.html
84R5879 GCB-D | ||
By: West | S.B. No. 1646 |
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relating to the procedure for expunction for certain defendants. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1a, Article 55.02, Code of Criminal | ||
Procedure, is amended by amending Subsection (a) and adding | ||
Subsection (a-1) to read as follows: | ||
(a) The trial court presiding over a case in which a person | ||
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court in the county in which the trial court is located shall enter | ||
an order of expunction for the [ |
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the date the person first becomes entitled to expunction based on a | ||
circumstance described under that subsection [ |
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(a-1) The person entitled to expunction shall provide to the | ||
district court all of the information required in a petition for | ||
expunction under Section 2(b). | ||
SECTION 2. Sections 2(a) and (d), Article 55.02, Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) A person who is [ |
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55.01(b) may file an ex parte petition for expunction in a district | ||
court for the county in which: | ||
(1) the petitioner was arrested; or | ||
(2) the offense was alleged to have occurred. | ||
(d) If the court finds that the petitioner, or a person for | ||
whom an ex parte petition is filed under Subsection (e), is entitled | ||
to expunction of any records and files that are the subject of the | ||
petition, the court [ |
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If the court finds that the petitioner or person is eligible for | ||
expunction of any records and files that are the subject of the | ||
petition, the court may enter an order directing expunction. | ||
SECTION 3. Section 5(a), Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) Except as provided by Subsections (f) and (g), on | ||
receipt of the order, each official or agency or other governmental | ||
entity named in the order shall: | ||
(1) return all records and files that are subject to | ||
the expunction order to the court, or in cases other than cases in | ||
which a person was convicted and subsequently granted relief or | ||
pardoned on the basis of actual innocence of the offense of which | ||
the person was convicted, obliterate [ |
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record or file that identify the person who is the subject of the | ||
order and notify the court of its action; and | ||
(2) delete from its public records all index | ||
references to the records and files that are subject to the | ||
expunction order. | ||
SECTION 4. Section 1, Article 55.02, Code of Criminal | ||
Procedure, is repealed. | ||
SECTION 5. (a) This Act applies to the expunction of arrest | ||
records and files for a person whose entitlement to expunction | ||
under Article 55.01(a), Code of Criminal Procedure, arises before, | ||
on, or after the effective date of this Act, regardless of when the | ||
underlying arrest occurred. | ||
(b) For a person whose entitlement to expunction under | ||
Article 55.01(a), Code of Criminal Procedure, arises 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 Section 1a(a), Article 55.02, Code of Criminal Procedure, as | ||
amended by this Act, the court shall enter an 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 6. This Act takes effect September 1, 2015. |