Bill Text: TX HB1405 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the automatic expunction of arrest records and files for certain public safety employees who successfully complete a public safety employees treatment court program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-03 - Referred to Criminal Jurisprudence [HB1405 Detail]

Download: Texas-2023-HB1405-Introduced.html

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88R5991 MEW-D
By: Geren H.B. No. 1405

A BILL TO BE ENTITLED
AN ACT
relating to the automatic expunction of arrest records and files
for certain public safety employees who successfully complete a
public safety employees treatment court program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-5) to
read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c);
(B) convicted and subsequently:
(i) pardoned for a reason other than that
described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; or
(C) convicted of an offense committed before
September 1, 2021, under Section 46.02(a), Penal Code, as that
section existed before that date; or
(2) the person has been released and the charge, if
any, has not resulted in a final conviction and is no longer pending
and there was no court-ordered community supervision under Chapter
42A for the offense, unless the offense is a Class C misdemeanor,
provided that:
(A) regardless of whether any statute of
limitations exists for the offense and whether any limitations
period for the offense has expired, an indictment or information
charging the person with the commission of a misdemeanor offense
based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same
transaction for which the person was arrested:
(i) has not been presented against the
person at any time following the arrest, and:
(a) at least 180 days have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class C misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(b) at least one year has elapsed from
the date of arrest if the arrest for which the expunction was sought
was for an offense punishable as a Class B or A misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(c) at least three years have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a felony or if there was a
felony charge arising out of the same transaction for which the
person was arrested; or
(d) the attorney representing the
state certifies that the applicable arrest records and files are
not needed for use in any criminal investigation or prosecution,
including an investigation or prosecution of another person; or
(ii) if presented at any time following the
arrest, was dismissed or quashed, and the court finds that the
indictment or information was dismissed or quashed because:
(a) the person completed a veterans
treatment court program created under Chapter 124, Government Code,
or former law, subject to Subsection (a-3);
(b) the person completed a mental
health court program created under Chapter 125, Government Code, or
former law, subject to Subsection (a-4);
(c) the person completed a public
safety employees treatment court program created under Chapter 129,
Government Code, subject to Subsection (a-5);
(d) the person completed a pretrial
intervention program authorized under Section 76.011, Government
Code, other than a veterans treatment court program created under
Chapter 124, Government Code, or former law, [or] a mental health
court program created under Chapter 125, Government Code, or former
law, or a public safety employees treatment court program created
under Chapter 129, Government Code;
(e) [(d)] the presentment had been
made because of mistake, false information, or other similar reason
indicating absence of probable cause at the time of the dismissal to
believe the person committed the offense; or
(f) [(e)] the indictment or
information was void; or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired.
(a-5) A person is eligible under Subsection
(a)(2)(A)(ii)(c) for an expunction of arrest records and files only
if:
(1) the person has not previously received an
expunction of arrest records and files under that sub-subparagraph;
and
(2) the person submits to the court an affidavit
attesting to that fact.
SECTION 2. Section 1a, Article 55.02, Code of Criminal
Procedure, is amended by adding Subsection (a-3) to read as
follows:
(a-3) A trial court dismissing a case following a person's
successful completion of a public safety employees treatment court
program created under Chapter 129, Government Code, if the trial
court is a district court, or a district court in the county in
which the trial court is located may, with the consent of the
attorney representing the state, enter an order of expunction for a
person entitled to expunction under Article 55.01(a)(2)(A)(ii)(c)
not later than the 30th day after the date the court dismisses the
case or receives the information regarding that dismissal, as
applicable. Notwithstanding any other law, a court that enters an
order for expunction under this subsection may not charge any fee or
assess any cost for the expunction.
SECTION 3. Article 102.006(b-1), Code of Criminal
Procedure, is amended to read as follows:
(b-1) The fees under Subsection (a) shall be waived if the
petitioner is entitled to expunction:
(1) under Article 55.01(a)(2)(A)(ii)(a) after
successful completion of a veterans treatment court program created
under Chapter 124, Government Code, or former law; [or]
(2) under Article 55.01(a)(2)(A)(ii)(b) after
successful completion of a mental health court program created
under Chapter 125, Government Code, or former law; or
(3) under Article 55.01(a)(2)(A)(ii)(c) after
successful completion of a public safety employees treatment court
program created under Chapter 129, Government Code.
SECTION 4. Section 129.002(b), Government Code, is amended
to read as follows:
(b) If a defendant successfully completes a public safety
employees treatment court program, after notice to the attorney
representing the state and a hearing in the public safety employees
treatment court at which that court determines that a dismissal is
in the best interest of justice, the public safety employees
treatment court shall provide to the court in which the criminal
case is pending information about the dismissal and shall include
all of the information required about the defendant for a petition
for expunction under Section 2(b), Article 55.02, Code of Criminal
Procedure. The court in which the criminal case is pending shall
dismiss the case against the defendant and:
(1) if that trial court is a district court, the court
may, with the consent of the attorney representing the state, enter
an order of expunction on behalf of the defendant under Section
1a(a-3), Article 55.02, Code of Criminal Procedure; or
(2) if that trial court is not a district court, the
court may, with the consent of the attorney representing the state,
forward the appropriate dismissal and expunction information to
enable a district court with jurisdiction to enter an order of
expunction on behalf of the defendant under Section 1a(a-3),
Article 55.02, Code of Criminal Procedure.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, this Act applies to the expunction of arrest records and
files for a person who successfully completes a public safety
employees treatment court program under Chapter 129, Government
Code, before, on, or after the effective date of this Act,
regardless of when the underlying arrest occurred.
(b) The change in law made by this Act to Article 102.006,
Code of Criminal Procedure, applies to the fees charged or costs
assessed for an expunction order entered on or after the effective
date of this Act, regardless of whether the underlying arrest
occurred before, on, or after the effective date of this Act.
(c) For a person who is entitled to expunction under Article
55.01(a)(2)(A)(ii)(c), Code of Criminal Procedure, as amended by
this Act, based on a successful completion of a public safety
employees treatment court program under Chapter 129, Government
Code, 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-3), Article 55.02, Code of
Criminal Procedure, as added by this Act, the court may, with the
consent of the attorney representing the state, 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, 2023.