Bill Text: TX HB3686 | 2023-2024 | 88th Legislature | Comm Sub


Bill Title: Relating to the automatic expunction of arrest records and files after certain controlled substance offense charges are dismissed.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-24 - Removed from local & uncontested calendar [HB3686 Detail]

Download: Texas-2023-HB3686-Comm_Sub.html
 
 
  By: Jones of Harris (Senate Sponsor - Huffman) H.B. No. 3686
         (In the Senate - Received from the House May 15, 2023;
  May 18, 2023, read first time and referred to Committee on Criminal
  Justice; May 19, 2023, reported favorably by the following vote:  
  Yeas 7, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the automatic expunction of arrest records and files
  after certain controlled substance offense charges are dismissed.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 55.01(a), Code of Criminal Procedure, is
  amended 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 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;
                                 (d)  the person is charged solely with
  an offense under Subchapter D, Chapter 481, Health and Safety Code,
  involving the manufacture, delivery, or possession of a controlled
  substance and a laboratory analysis of the suspected controlled
  substance finds no presence of a controlled substance;
                                 (e)  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.
         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 laboratory
  analysis of a suspected controlled substance that finds no presence
  of a controlled substance, 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)(2)(A)(ii)(d) 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)(d).
         SECTION 4.  (a)  This Act applies only to the expunction of
  arrest records related to:
               (1)  a charge for an offense that was dismissed on or
  after the effective date of this Act; or
               (2)  an arrest made on or after the effective date of
  this Act.
         (b)  Expunction for a dismissal or arrest that occurred
  before the effective date of this Act is governed by the law in
  effect at that time, and the former law is continued in effect for
  that purpose.
         (c)  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.
         (d)  For a person who is entitled to expunction under Article
  55.01(a)(2)(A)(ii)(d), Code of Criminal Procedure, as amended by
  this Act, 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 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 5.  This Act takes effect September 1, 2023.
 
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