Bill Text: TX HB1715 | 2023-2024 | 88th Legislature | Engrossed


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2023-05-16 - Referred to State Affairs [HB1715 Detail]

Download: Texas-2023-HB1715-Engrossed.html
  88R1884 JRR-D
 
  By: Canales H.B. No. 1715
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expunction of arrest records and files relating to
  certain nonviolent misdemeanor 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, 2023.
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