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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for the expunction of arrest records and |
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files for persons who complete certain court programs or pretrial |
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intervention programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 1a(a-1) and (a-2), Article 55.02, Code |
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of Criminal Procedure, are redesignated as Section 1b, Article |
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55.02, Code of Criminal Procedure, and amended to read as follows: |
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Sec. 1b. (a) [(a-1)] A trial court dismissing a case |
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following a person's successful completion of a veterans treatment |
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court program created under Chapter 124, Government Code, or former |
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law, if the trial court is a district court, or a district court in |
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the county in which the trial court is located shall [may, with the |
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consent of the attorney representing the state,] enter an order of |
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expunction for a person entitled to expunction under Article |
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55.01(a)(2)(A)(ii)(a) not later than the 30th day after the date |
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the court dismisses the case or receives the information regarding |
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that dismissal, as applicable. [Notwithstanding any other law, a |
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court that enters an order for expunction under this subsection may |
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not charge any fee or assess any cost for the expunction.] |
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(b) [(a-2)] A trial court dismissing a case following a |
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person's successful completion of a mental health court program |
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created under Chapter 125, Government Code, or former law, if the |
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trial court is a district court, or a district court in the county |
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in which the trial court is located shall [may, with the consent of |
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the attorney representing the state,] enter an order of expunction |
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for a person entitled to expunction under Article |
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55.01(a)(2)(A)(ii)(b) not later than the 30th day after the date |
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the court dismisses the case or receives the information regarding |
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that dismissal, as applicable. [Notwithstanding any other law, a |
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court that enters an order for expunction under this subsection may |
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not charge any fee or assess any cost for the expunction.] |
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SECTION 2. Section 1b, Article 55.02, Code of Criminal |
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Procedure, as added by this Act, is amended by adding Subsections |
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(c), (d), and (e) to read as follows: |
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(c) This subsection applies only to a pretrial intervention |
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program authorized under Section 76.011, Government Code, other |
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than a program described by Subsection (a) or (b) of this section. |
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A trial court dismissing a case following a person's successful |
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completion of a program to which this subsection applies, if the |
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trial court dismissing the case is a district court, or a district |
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court in the county in which the trial court is located shall enter |
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an order of expunction for a person entitled to expunction under |
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Article 55.01(a)(2)(A)(ii)(c) not later than the 30th day after the |
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date the court dismisses the case or receives the information |
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regarding that dismissal, as applicable. |
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(d) The person for whom a court is required to enter an order |
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of expunction under Subsection (a), (b), or (c), as applicable, |
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shall provide to the attorney representing the state all of the |
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information required in a petition for expunction under Section |
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2(b). The attorney representing the state shall prepare an |
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expunction order under this section for the court's signature. |
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(e) Notwithstanding any other law, a court that enters an |
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order for expunction under this section may not charge any fee or |
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assess any cost for the expunction. |
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SECTION 3. Section 5, Article 55.02, Code of Criminal |
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Procedure, is amended by adding Subsection (h) to read as follows: |
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(h) Notwithstanding any other provision of this section, a |
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community supervision and corrections department established under |
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Chapter 76, Government Code, or an office of an attorney |
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representing the state, in possession of records and files subject |
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to an expunction order based on an entitlement under Article |
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55.01(a)(2)(A)(ii)(a), (b), or (c) may retain and use those records |
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and files only for the purpose of developing and operating pretrial |
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intervention programs in a judicial district served by the |
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department or office. |
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SECTION 4. Article 102.006(b-1), Code of Criminal |
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Procedure, is amended to read as follows: |
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(b-1) The fees under Subsection (a) shall be waived if the |
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petitioner is entitled to expunction: |
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(1) under Article 55.01(a)(2)(A)(ii)(a) after |
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successful completion of a veterans treatment court program created |
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under Chapter 124, Government Code, or former law; [or] |
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(2) under Article 55.01(a)(2)(A)(ii)(b) after |
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successful completion of a mental health court program created |
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under Chapter 125, Government Code, or former law; or |
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(3) under Article 55.01(a)(2)(A)(ii)(c) after |
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successful completion of a pretrial intervention program |
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authorized under Section 76.011, Government Code. |
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SECTION 5. (a) Except as provided by Subsection (b) of |
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this section and subject to Subsection (c) of this section, this Act |
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applies, regardless of when the underlying arrest occurred, to the |
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expunction of arrest records and files for a person who |
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successfully completes any of the following programs before, on, or |
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after the effective date of this Act: |
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(1) a veterans treatment court program under Chapter |
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124, Government Code, or former law; |
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(2) a mental health court program under Chapter 125, |
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Government Code, or former law; or |
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(3) a pretrial intervention program authorized under |
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Section 76.011, Government Code. |
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(b) The change in law made by this Act to Article 102.006, |
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Code of Criminal Procedure, applies to the fees charged or costs |
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assessed for an expunction order entered on or after the effective |
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date of this Act, regardless of whether the underlying arrest |
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occurred before, on, or after the effective date of this Act. |
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(c) For a person who is entitled to expunction under Article |
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55.01(a)(2)(A)(ii)(a), (b), or (c), Code of Criminal Procedure, |
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based on a successful completion of a program described by |
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Subsection (a) of this section before the effective date of this |
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Act, notwithstanding the 30-day time limit provided for the court |
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to enter an automatic order of expunction under Section 1b, Article |
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55.02, Code of Criminal Procedure, as added by this Act, the court |
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shall enter the required order of expunction for the person as soon |
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as practicable after the court receives written notice from any |
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party to the case about the person's entitlement to the expunction. |
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SECTION 6. This Act takes effect September 1, 2023. |