88R7654 JCG-F
	By: Anchía, Canales, Garcia	H.B. No. 1907

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