Bill Text: TX HB1573 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain pretrial and post-trial procedures and testing in a criminal case.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1573 Detail]
Download: Texas-2011-HB1573-Comm_Sub.html
Bill Title: Relating to certain pretrial and post-trial procedures and testing in a criminal case.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1573 Detail]
Download: Texas-2011-HB1573-Comm_Sub.html
By: Gallego (Senate Sponsor - Carona) | H.B. No. 1573 | |
(In the Senate - Received from the House April 11, 2011; | ||
April 20, 2011, read first time and referred to Committee on | ||
Criminal Justice; May 9, 2011, reported favorably by the following | ||
vote: Yeas 7, Nays 0; May 9, 2011, sent to printer.) |
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relating to certain pretrial and post-trial procedures in a | ||
criminal case. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 17.085, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 17.085. NOTICE OF APPEARANCE DATE. The clerk of a | ||
court that does not provide online Internet access to that court's | ||
criminal case records shall post in a designated public place in the | ||
courthouse notice of a prospective criminal court docket setting as | ||
soon as the court notifies the clerk of the setting [ |
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SECTION 2. Article 20.22, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 20.22. PRESENTMENT ENTERED OF RECORD. (a) The fact | ||
of a presentment of indictment by a grand jury shall be entered in | ||
[ |
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under bond, noting briefly the style of the criminal action, [ |
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the file number of the indictment, and the defendant's name. | ||
(b) If the defendant is not in custody or under bond at the | ||
time of the presentment of indictment, the indictment may not be | ||
made public and the entry in the record of the court relating to the | ||
[ |
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capias is served and the defendant is placed in custody or under | ||
bond. | ||
SECTION 3. Sections 2(b) and (f), Article 55.02, Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(b) The petition must be verified and must [ |
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the following or an explanation for why one or more of the following | ||
is not included: | ||
(1) the petitioner's: | ||
(A) full name; | ||
(B) sex; | ||
(C) race; | ||
(D) date of birth; | ||
(E) driver's license number; | ||
(F) social security number; and | ||
(G) address at the time of the arrest; | ||
(2) the offense charged against the petitioner; | ||
(3) the date the offense charged against the | ||
petitioner was alleged to have been committed; | ||
(4) the date the petitioner was arrested; | ||
(5) the name of the county where the petitioner was | ||
arrested and if the arrest occurred in a municipality, the name of | ||
the municipality; | ||
(6) the name of the agency that arrested the | ||
petitioner; | ||
(7) the case number and court of offense; and | ||
(8) together with the applicable physical or e-mail | ||
addresses, a list of all: | ||
(A) law enforcement agencies, jails or other | ||
detention facilities, magistrates, courts, prosecuting attorneys, | ||
correctional facilities, central state depositories of criminal | ||
records, and other officials or agencies or other entities of this | ||
state or of any political subdivision of this state; | ||
(B) central federal depositories of criminal | ||
records that the petitioner has reason to believe have records or | ||
files that are subject to expunction; and | ||
(C) private entities that compile and | ||
disseminate for compensation criminal history record information | ||
that the petitioner has reason to believe have information related | ||
to records or files that are subject to expunction. | ||
(f) An ex parte petition filed under Subsection (e) must be | ||
verified and must include the following or an explanation for why | ||
one or more of the following is not included: | ||
(1) the person's: | ||
(A) full name; | ||
(B) sex; | ||
(C) race; | ||
(D) date of birth; | ||
(E) driver's license number; | ||
(F) social security number; and | ||
(G) address at the time of the arrest; | ||
(2) the offense charged against the person; | ||
(3) the date the offense charged against the person | ||
was alleged to have been committed; | ||
(4) the date the person was arrested; | ||
(5) the name of the county where the person was | ||
arrested and if the arrest occurred in a municipality, the name of | ||
the municipality; | ||
(6) the name of the agency that arrested the person; | ||
(7) the case number and court of offense; and | ||
(8) together with the applicable physical or e-mail | ||
addresses, a list of all: | ||
(A) law enforcement agencies, jails or other | ||
detention facilities, magistrates, courts, prosecuting attorneys, | ||
correctional facilities, central state depositories of criminal | ||
records, and other officials or agencies or other entities of this | ||
state or of any political subdivision of this state; | ||
(B) central federal depositories of criminal | ||
records that the person has reason to believe have records or files | ||
that are subject to expunction; and | ||
(C) private entities that compile and | ||
disseminate for compensation criminal history record information | ||
that the person has reason to believe have information relating to | ||
records or files that are subject to expunction. | ||
SECTION 4. Section 2a(c), Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(c) After verifying the allegations in an application | ||
received under Subsection (a), the attorney representing the state | ||
shall: | ||
(1) include on the application information regarding | ||
the arrest that was requested of the applicant but was unknown by | ||
the applicant; | ||
(2) forward a copy of the application to the district | ||
court for the county; | ||
(3) together with the applicable physical or e-mail | ||
addresses, attach to the copy a list of all: | ||
(A) law enforcement agencies, jails or other | ||
detention facilities, magistrates, courts, prosecuting attorneys, | ||
correctional facilities, central state depositories of criminal | ||
records, and other officials or agencies or other entities of this | ||
state or of any political subdivision of this state; | ||
(B) central federal depositories of criminal | ||
records that are reasonably likely to have records or files | ||
containing information that is subject to expunction; and | ||
(C) private entities that compile and | ||
disseminate for compensation criminal history record information | ||
that are reasonably likely to have records or files containing | ||
information that is subject to expunction; and | ||
(4) request the court to enter an order directing | ||
expunction based on an entitlement to expunction under Article | ||
55.01(d). | ||
SECTION 5. The changes in law made by this Act in amending | ||
Article 55.02, Code of Criminal Procedure, apply to any petition or | ||
application for the expunction of arrest records and files that is | ||
filed on or after the effective date of this Act, regardless of | ||
whether the arrest occurred before, on, or after that date. | ||
SECTION 6. This Act takes effect September 1, 2011. | ||
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