Bill Text: TX HB1332 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to prohibiting a person's waiver of a right to an expunction or to an order of nondisclosure of criminal history record information with respect to a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-05 - Referred to Criminal Jurisprudence [HB1332 Detail]
Download: Texas-2021-HB1332-Introduced.html
| 87R1894 JRR-D | ||
| By: Canales | H.B. No. 1332 | |
|
|
||
|
|
||
| relating to prohibiting a person's waiver of a right to an | ||
| expunction or to an order of nondisclosure of criminal history | ||
| record information with respect to a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 55.01, Code of Criminal Procedure, is | ||
| amended by adding Subsection (e) to read as follows: | ||
| (e) Notwithstanding Article 1.14(a), a person may not | ||
| waive, as part of an agreement regarding the disposition of | ||
| criminal charges based on the person's commission of an alleged | ||
| offense, any right of the person to an expunction under this chapter | ||
| that may exist in relation to that offense on or after the date the | ||
| waiver is signed, unless the waiver relates solely to arrest | ||
| records and files in the possession of the attorney representing | ||
| the state in the person's case. A purported waiver of that right | ||
| that is made in violation of this subsection is void. | ||
| SECTION 2. Section 4, Article 55.02, Code of Criminal | ||
| Procedure, is amended by adding Subsection (a-3) and amending | ||
| Subsection (b) to read as follows: | ||
| (a-3) The court shall provide in its expunction order that | ||
| the attorney representing the state may retain the arrest records | ||
| and files of a person who is the subject of the expunction order if | ||
| the person has signed a waiver authorized under Article 55.01(e). | ||
| (b) Unless the person who is the subject of the expunction | ||
| order is again arrested for or charged with an offense arising out | ||
| of the transaction for which the person was arrested or unless the | ||
| court provides for the retention of records and files under | ||
| Subsection (a-1), [ |
||
| 55.03 and 55.04 apply to files and records retained under this | ||
| section. | ||
| SECTION 3. Subchapter E-1, Chapter 411, Government Code, is | ||
| amended by adding Section 411.078 to read as follows: | ||
| Sec. 411.078. WAIVER OF RIGHT TO ORDER OF NONDISCLOSURE | ||
| PROHIBITED. Notwithstanding Article 1.14(a), Code of Criminal | ||
| Procedure, a person may not waive, as part of an agreement regarding | ||
| the disposition of criminal charges based on the person's | ||
| commission of an alleged offense, any right of the person to an | ||
| order of nondisclosure of criminal history record information under | ||
| this subchapter that may exist in relation to that offense on or | ||
| after the date the waiver is signed. A purported waiver of that | ||
| right is void. | ||
| SECTION 4. The changes in law made by this Act apply only to | ||
| a waiver of a person's right to an expunction or an order of | ||
| nondisclosure of criminal history record information made on or | ||
| after the effective date of this Act. A waiver made before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the waiver was made, and the former law is continued in effect | ||
| for that purpose. | ||
| SECTION 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
