Bill Text: TX HB229 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the temporary confidentiality and automatic expunction of records and files relating to certain nonviolent misdemeanor offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-19 - Referred to Criminal Jurisprudence [HB229 Detail]
Download: Texas-2019-HB229-Introduced.html
| 86R510 ADM-F | ||
| By: Gervin-Hawkins | H.B. No. 229 | |
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| relating to the temporary confidentiality and automatic expunction | ||
| of 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 55.07 to read as follows: | ||
| Art. 55.07. TEMPORARY CONFIDENTIALITY AND AUTOMATIC | ||
| EXPUNCTION OF CERTAIN RECORDS AND FILES. (a) This article applies | ||
| to a case in which the most serious offense that the defendant was | ||
| convicted of or placed on deferred adjudication community | ||
| supervision for was a nonviolent Class B or Class C misdemeanor. | ||
| (b) The trial court presiding over a case that the court | ||
| determines is subject to this article shall order that all records | ||
| and files relating to the arrest and prosecution be kept | ||
| confidential and not be disclosed to the public. | ||
| (c) Records and files made confidential under this article | ||
| remain confidential until the expunction of those records and files | ||
| under Subsection (d) unless the defendant is arrested for or | ||
| charged with a violent offense before the expunction occurs. A | ||
| defendant who is arrested or charged as described by this | ||
| subsection is ineligible for automatic expunction under Subsection | ||
| (d) with respect to records and files in any Class B or Class C | ||
| misdemeanor case otherwise subject to this article. | ||
| (d) Records and files made confidential under this article | ||
| other than records and files for a defendant described by | ||
| Subsection (c) shall be automatically expunged by the trial court | ||
| not later than the 30th day after: | ||
| (1) the first anniversary of the date the defendant's | ||
| sentence was discharged or the defendant received a discharge and | ||
| dismissal under Chapter 42A, if the most serious offense that the | ||
| defendant was convicted of or placed on deferred adjudication | ||
| community supervision for was a Class C misdemeanor; or | ||
| (2) the second anniversary of the date the defendant's | ||
| sentence was discharged or the defendant received a discharge and | ||
| dismissal under Chapter 42A, if the most serious offense that the | ||
| defendant was convicted of or placed on deferred adjudication | ||
| community supervision for was a Class B misdemeanor. | ||
| SECTION 2. Article 55.07, Code of Criminal Procedure, as | ||
| added by this Act, applies only to an offense committed on or after | ||
| the effective date of this Act. An offense committed before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the offense was committed, and the former law is continued in | ||
| effect for that purpose. For purposes of this section, an offense | ||
| was committed before the effective date of this Act if any element | ||
| of the offense occurred before that date. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
