Bill Text: TX SB325 | 2017-2018 | 85th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the procedure for expunction of arrest records and files for certain persons who are tried for an offense and subsequently acquitted.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Engrossed - Dead) 2017-04-18 - Referred to Criminal Jurisprudence [SB325 Detail]

Download: Texas-2017-SB325-Introduced.html
  85R3572 JRR-F
 
  By: Burton S.B. No. 325
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedure for expunction of arrest records and
  files for certain persons who are tried for an offense and
  subsequently acquitted.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1, Article 55.02, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 1.  At the request of the acquitted person [defendant]
  and after notice to the state, or at the request of the attorney for
  the state, the trial court presiding over the case in which the
  person [defendant] was acquitted, if the trial court is a district
  court, or a district court in the county in which the trial court is
  located shall enter an order of expunction for a person entitled to
  expunction under Article 55.01(a)(1)(A) not later than the 30th day
  after the date of the acquittal. On [Upon] acquittal, the trial
  court shall advise the acquitted person [defendant] of the right to
  expunction. The acquitted person or the attorney for the state
  [defendant] shall provide to the district court all of the
  information required in a petition for expunction under Section
  2(b). The [attorney for the defendant in the case in which the
  defendant was acquitted, if the defendant was represented by
  counsel, or the] attorney for the state[, if the defendant was not
  represented by counsel,] shall prepare the order for the court's
  signature.
         SECTION 2.  The change in law made by this Act applies only
  to the expunction of arrest records and files related to a criminal
  offense for which the trial of the offense begins on or after the
  effective date of this Act. The expunction of arrest records and
  files related to a criminal offense for which the trial of the
  offense begins before the effective date of this Act is governed by
  the law in effect on the date the trial begins, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.
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