Bill Text: TX HB109 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the expunction of arrest records and files relating to certain criminal offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-25 - Referred to Criminal Jurisprudence [HB109 Detail]

Download: Texas-2021-HB109-Introduced.html

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87R806 JRR-D
By: Canales H.B. No. 109

A BILL TO BE ENTITLED
AN ACT
relating to the expunction of arrest records and files relating to
certain criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 55, Code of Criminal Procedure, is
amended by adding Article 55.012 to read as follows:
Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT MISDEMEANOR
OFFENSES. (a) A person who has been placed under a custodial or
noncustodial arrest for a misdemeanor offense other than a
misdemeanor offense under Chapter 483, Health and Safety Code,
Section 48.02, Penal Code, Chapter 25, 42, 43, 46, or 71, Penal
Code, or Title 5 or 8, Penal Code, is entitled to have all records
and files related to the arrest expunged if:
(1) the person was placed on deferred adjudication
community supervision under Subchapter C, Chapter 42A, for the
misdemeanor offense and subsequently received a dismissal and
discharge under Article 42A.111;
(2) the person was not required to register as a sex
offender under Chapter 62 as a condition of or as a result of the
person's placement on deferred adjudication community supervision
as described by Subdivision (1);
(3) the person has not been convicted of or placed on
deferred adjudication community supervision under Subchapter C,
Chapter 42A, for an offense, other than a traffic offense
punishable by fine only, committed after the date of the commission
of the misdemeanor offense for which the person was placed on
deferred adjudication community supervision as described by
Subdivision (1);
(4) there are no charges pending against the person
for the commission of any offense, other than a traffic offense
punishable by fine only; and
(5) a period of not less than five years has passed
since the date on which the person received the dismissal and
discharge described by Subdivision (1).
(b) The person must submit an ex parte petition for
expunction to the court that placed the person on deferred
adjudication community supervision. The petition must be verified
and must contain:
(1) the information described by Section 2(b), Article
55.02; and
(2) a statement that:
(A) the person was not required to register as a
sex offender under Chapter 62 as a condition of or as a result of the
person's placement on deferred adjudication community supervision
as described by Subsection (a)(1);
(B) the person has not been convicted of or
placed on deferred adjudication community supervision under
Subchapter C, Chapter 42A, for an offense, other than a traffic
offense punishable by fine only, committed after the date of the
commission of the misdemeanor offense for which the person seeks an
order of expunction; and
(C) there are no charges pending against the
person for the commission of any offense, other than a traffic
offense punishable by fine only.
(c) If the court finds that the petitioner is entitled to
expunction of any arrest records and files that are the subject of
the petition, the court shall enter an order directing expunction
in a manner consistent with the procedures described by Section 1a,
Article 55.02.
SECTION 2. Section 109.005(a), Business & Commerce Code, is
amended to read as follows:
(a) A business entity may not publish any criminal record
information in the business entity's possession with respect to
which the business entity has knowledge or has received notice
that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
411, Government Code.
SECTION 3. Article 55.011(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A close relative of a deceased person who, if not
deceased, would be entitled to expunction of records and files
under this chapter [Article 55.01] may file on behalf of the
deceased person an ex parte petition for expunction under Section 2
or 2a, Article 55.02, or Article 55.012, as applicable. If the
court finds that the deceased person would be entitled to
expunction of any record or file that is the subject of the
petition, the court shall enter an order directing expunction.
SECTION 4. Article 102.006(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The fees under Subsection (a) or the fee under
Subsection (a-1), as applicable, shall be waived if:
(1) the petitioner seeks expunction of a criminal
record that relates to an arrest for an offense of which the person
was acquitted, other than an acquittal for an offense described by
Article 55.01(c), and the petition for expunction is filed not
later than the 30th day after the date of the acquittal; or
(2) the petitioner is entitled to expunction under any
provision of Chapter 55 and the court finds that the petitioner is
indigent.
SECTION 5. Section 411.0835, Government Code, is amended to
read as follows:
Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
CERTAIN PRIVATE ENTITIES. If the department receives information
indicating that a private entity that purchases criminal history
record information from the department has been found by a court to
have committed three or more violations of Section 552.1425 by
compiling or disseminating information with respect to which an
order of expunction has been issued under Chapter 55 [Article
55.02], Code of Criminal Procedure, or an order of nondisclosure of
criminal history record information has been issued under
Subchapter E-1, the department may not release any criminal history
record information to that entity until the first anniversary of
the date of the most recent violation.
SECTION 6. Section 411.0851(a), Government Code, is amended
to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information shall destroy and
may not disseminate any information in the possession of the entity
with respect to which the entity has received notice that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1.
SECTION 7. Section 411.151(b), Government Code, is amended
to read as follows:
(b) A person may petition for the expunction of a DNA record
under the procedures established under Article 55.02, Code of
Criminal Procedure, if the person is entitled to the expunction of
records relating to the offense to which the DNA record is related
under Chapter 55 [Article 55.01], Code of Criminal Procedure.
SECTION 8. Section 552.1425(a), Government Code, is amended
to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information with respect to which the entity has
received notice that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
411.
SECTION 9. This Act applies to an expunction of arrest
records and files relating to any misdemeanor offense that was
committed before, on, or after the effective date of this Act.
SECTION 10. This Act takes effect September 1, 2021.