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A BILL TO BE ENTITLED
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AN ACT
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relating to automatic expunction of arrest records and files for |
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certain persons who are tried for an offense and subsequently |
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acquitted. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. The [At the request of the defendant and after
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notice to the state, the] trial court presiding over the case in |
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which the person [defendant] was acquitted, if the trial court is a |
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district court, or a district court in the county in which the trial |
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court is located shall enter an order of expunction for a person |
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entitled to expunction under Article 55.01(a)(1)(A) not later than |
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the 30th day after the date of the acquittal. [Upon acquittal, the
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trial court shall advise the defendant of the right to expunction.
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The defendant shall provide to the district court all of the
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information required in a petition for expunction under Section
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2(b).] The person's attorney [for the defendant] in the case in |
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which the person [defendant] was acquitted, if the acquitted person |
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[defendant] was represented by counsel, or the attorney for the |
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state, if the acquitted person [defendant] was not represented by |
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counsel, shall prepare the order for the court's signature. If the |
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trial court is not a district court, the trial court shall forward |
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the proposed order, and all information required in a petition for |
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expunction under Section 2(b), to a district court in the county to |
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proceed in the manner provided by this section. |
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SECTION 2. (a) This Act applies to the expunction of arrest |
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records and files for a person entitled to that expunction under |
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Article 55.01(a)(1)(A), Code of Criminal Procedure, before, on, or |
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after the effective date of this Act, regardless of when the |
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underlying arrest occurred. |
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(b) For a person who is entitled to expunction under Article |
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55.01(a)(1)(A), Code of Criminal Procedure, based on an acquittal |
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that occurred before the effective date of this Act, |
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notwithstanding the 30-day time limit provided for the court to |
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enter an automatic order of expunction under Section 1, Article |
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55.02, Code of Criminal Procedure, as amended by this Act, the court |
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shall enter an order of expunction for the person as soon as |
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practicable after the court receives written notice from any party |
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to the case about the person's entitlement to the expunction. |
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SECTION 3. This Act takes effect September 1, 2017. |