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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 certain persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55A.203, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(b-1) and (d) to read as follows: |
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(a) A trial court that is a district court or a district |
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court in the county in which the trial court is located shall [may, |
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with the consent of the attorney representing the state,] enter an |
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expunction order for a person entitled to expunction under Article |
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55A.053(a)(2)(A) not later than the 30th day after the date the |
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court, as applicable: |
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(1) dismisses the case following the person's |
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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) receives the information regarding the dismissal. |
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(b) A trial court that is a district court or a district |
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court in the county in which the trial court is located shall [may, |
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with the consent of the attorney representing the state,] enter an |
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expunction order for a person entitled to expunction under Article |
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55A.053(a)(2)(B) not later than the 30th day after the date the |
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court, as applicable: |
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(1) dismisses the case following the person's |
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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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(2) receives the information regarding the dismissal. |
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(b-1) A trial court that 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 expunction order for a person entitled to expunction under |
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Article 55A.053(a)(2)(C) not later than the 30th day after the date |
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the court, as applicable: |
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(1) dismisses the case following the person's |
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successful completion of a pretrial intervention program |
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authorized under Section 76.011, Government Code, other than a |
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program described by Subsection (a)(1) or (b)(1) of this section; |
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or |
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(2) receives the information regarding the dismissal. |
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(d) The person for whom a court is required to enter an |
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expunction order under Subsection (a), (b), or (b-1), as |
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applicable, shall provide to the attorney representing the state |
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all of the information required in a petition for expunction under |
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Article 55A.253 and any affidavit required under Article 55A.053(b) |
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or (c). The attorney representing the state shall prepare an |
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expunction order under this article for the court's signature. |
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SECTION 2. Subchapter E, Chapter 55A, Code of Criminal |
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Procedure, is amended by adding Article 55A.2035 to read as |
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follows: |
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Art. 55A.2035. ATTORNEY REPRESENTING STATE CERTIFIES |
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RECORDS AND FILES NOT NEEDED. (a) A trial court that is a district |
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court or a district court in the county in which the trial court is |
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located shall enter an expunction order for a person entitled to |
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expunction under Article 55A.052(a)(4) not later than the 30th day |
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after the date the court receives the certification described by |
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that subdivision. |
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(b) The attorney representing the state who certified under |
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Article 55A.052(a)(4) that the applicable arrest records and files |
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are not needed for use in any criminal investigation or prosecution |
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shall prepare an expunction order under this article for the |
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court's signature. The person for whom a court is required to enter |
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an expunction order under Subsection (a) shall provide to the |
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attorney representing the state all of the information required in |
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a petition for expunction under Article 55A.253. |
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(c) Notwithstanding any other law, a court that enters an |
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expunction order under this article may not charge any fee or assess |
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any cost for the expunction. |
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SECTION 3. Article 55A.204, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE |
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REGARDING EXPUNCTION ORDER BASED ON ACTUAL INNOCENCE. The attorney |
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representing the state shall prepare an expunction order under |
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Article 55A.202 [or 55A.203] for the court's signature and notify |
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the Texas Department of Criminal Justice if the person who is the |
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subject of the order is in the custody of the department. |
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SECTION 4. Article 55A.205, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER BASED ON |
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ACTUAL INNOCENCE. In an expunction order entered under Article |
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55A.202 [or 55A.203], the court shall: |
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(1) provide a listing of each official, agency, or |
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other entity of this state or political subdivision of this state |
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and each private entity that there is reason to believe has any |
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record or file that is subject to the order; and |
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(2) require that: |
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(A) the Texas Department of Criminal Justice send |
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to the court any documents delivered to the department under |
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Section 8(a), Article 42.09; and |
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(B) the Department of Public Safety and the Texas |
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Department of Criminal Justice delete or redact, as appropriate, |
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from their public records all index references to the records and |
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files that are subject to the expunction order. |
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SECTION 5. The heading to Article 55A.206, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 55A.206. REQUIRED RETENTION OF CERTAIN DOCUMENTS |
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COLLECTED UNDER EXPUNCTION ORDER BASED ON ACTUAL INNOCENCE [BY |
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COURT]. |
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SECTION 6. Article 55A.353, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as |
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provided by Articles 55A.354 and 55A.357, on receipt of an |
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expunction order issued under Subchapter E or F, each official or |
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agency or other governmental entity named in the order shall: |
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(1) as appropriate: |
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(A) return all records and files that are subject |
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to the expunction order to the court; or |
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(B) in cases other than those described by |
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Article [Articles] 55A.202 [and 55A.203], if removal is |
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impracticable, obliterate all portions of the record or file that |
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identify the person who is the subject of the order and notify the |
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court of the action; and |
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(2) delete from the named entity's public records all |
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index references to the records and files that are subject to the |
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expunction order. |
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SECTION 7. Subchapter H, Chapter 55A, Code of Criminal |
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Procedure, is amended by adding Article 55A.358 to read as follows: |
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Art. 55A.358. RETENTION OF RECORDS FOR DEVELOPMENT AND |
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OPERATION OF PRETRIAL INTERVENTION PROGRAMS. Notwithstanding |
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Articles 55A.353, 55A.354, 55A.355, and 55A.356, a community |
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supervision and corrections department established under Chapter |
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76, Government Code, or an office of an attorney representing the |
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state, in possession of records and files subject to an expunction |
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order based on an entitlement under Article 55A.053(a)(2)(A), (B), |
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or (C) may retain and use those records and files only for the |
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purpose of developing and operating pretrial intervention programs |
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in a judicial district served by the department or office. |
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SECTION 8. 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 55A.052(a)(4) after an attorney |
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representing the state certifies that the applicable arrest records |
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and files are not needed for use in any criminal investigation or |
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prosecution; |
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(2) under Article 55A.053(a)(2)(A) after successful |
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completion of a veterans treatment court program created under |
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Chapter 124, Government Code, or former law; [or] |
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(3) [(2)] under Article 55A.053(a)(2)(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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(4) under Article 55A.053(a)(2)(C) after successful |
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completion of a pretrial intervention program authorized under |
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Section 76.011, Government Code. |
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SECTION 9. Section 124.001, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) If a defendant who was arrested for or charged with, but |
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not convicted of or placed on deferred adjudication community |
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supervision for, an offense successfully completes a veterans |
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treatment court program, after notice to the attorney representing |
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the state and a hearing in the veterans treatment court at which |
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that court determines that a dismissal is in the best interest of |
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justice, the veterans treatment court shall provide to the court in |
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which the criminal case is pending information about the dismissal. |
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(c) On receipt of the dismissal information under |
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Subsection (b), the [and shall include all of the information |
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required about the defendant for a petition for expunction under |
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Article 55A.253, Code of Criminal Procedure. The] court in which |
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the criminal case is pending shall: |
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(1) dismiss the case against the defendant; and[: |
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[(1) if that trial court is a district court, the court |
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may, with the consent of the attorney representing the state, enter |
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an order of expunction on behalf of the defendant under Article |
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55A.203(a), Code of Criminal Procedure; or] |
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(2) if that trial court is not a district court, for |
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purposes of Article 55A.203(a), Code of Criminal Procedure, provide |
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to a district court in the county in which the trial court is |
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located information about the dismissal [the court may, with the |
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consent of the attorney representing the state, forward the |
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appropriate dismissal and expunction information to enable a |
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district court with jurisdiction to enter an order of expunction on |
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behalf of the defendant under Article 55A.203(a), Code of Criminal |
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Procedure]. |
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SECTION 10. Section 125.001, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) If a defendant successfully completes a mental health |
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court program, after notice to the attorney representing the state |
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and a hearing in the mental health court at which that court |
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determines that a dismissal is in the best interest of justice, the |
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mental health court shall provide to the court in which the criminal |
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case is pending information about the dismissal. |
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(c) On receipt of the dismissal information under |
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Subsection (b), the [and shall include all of the information |
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required about the defendant for a petition for expunction under |
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Article 55A.253, Code of Criminal Procedure. The] court in which |
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the criminal case is pending shall: |
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(1) dismiss the case against the defendant; and[: |
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[(1) if that trial court is a district court, the court |
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may, with the consent of the attorney representing the state, enter |
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an order of expunction on behalf of the defendant under Article |
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55A.203(b), Code of Criminal Procedure; or] |
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(2) if that trial court is not a district court, for |
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purposes of Article 55A.203(b), Code of Criminal Procedure, provide |
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to a district court in the county in which the trial court is |
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located information about the dismissal [the court may, with the |
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consent of the attorney representing the state, forward the |
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appropriate dismissal and expunction information to enable a |
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district court with jurisdiction to enter an order of expunction on |
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behalf of the defendant under Article 55A.203(b), Code of Criminal |
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Procedure]. |
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SECTION 11. (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: |
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(1) who successfully completes any of the following |
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programs before, on, or after the effective date of this Act: |
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(A) a veterans treatment court program under |
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Chapter 124, Government Code, or former law; |
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(B) a mental health court program under Chapter |
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125, Government Code, or former law; or |
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(C) a pretrial intervention program authorized |
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under Section 76.011, Government Code; or |
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(2) whose case an attorney representing the state |
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certified that the applicable arrest records and files were not |
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needed for use in any criminal investigation or prosecution. |
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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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55A.052(a)(4) or 55A.053(a)(2)(A), (B), or (C), Code of Criminal |
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Procedure, based on a successful completion of a program described |
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by Subsection (a)(1) of this section before the effective date of |
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this Act or the certification by an attorney representing the state |
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as described by Subsection (a)(2) of this section before the |
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effective date of this Act, notwithstanding the 30-day time limit |
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provided for the court to enter an automatic order of expunction |
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under Article 55A.203 or 55A.2035, Code of Criminal Procedure, as |
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amended or added by this Act, respectively, the court shall enter |
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the required 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 12. This Act takes effect September 1, 2025. |