Bill Text: TX HB2318 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the right to an expunction of records and files relating to a person's arrest.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-22 - No action taken in committee [HB2318 Detail]
Download: Texas-2011-HB2318-Introduced.html
82R9884 KEL-D | ||
By: Kolkhorst | H.B. No. 2318 |
|
||
|
||
relating to the right to an expunction of records and files relating | ||
to a person's arrest. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 55.01(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) A person who has been placed under a custodial or | ||
noncustodial arrest for commission of either a felony or | ||
misdemeanor is entitled to have all records and files relating to | ||
the arrest expunged if: | ||
(1) the person is tried for the offense for which the | ||
person was arrested and is: | ||
(A) acquitted by the trial court, except as | ||
provided by Subsection (c) of this section; or | ||
(B) convicted and subsequently pardoned; or | ||
(2) each of the following conditions exist: | ||
(A) an indictment, [ |
||
complaint charging the person with the commission of a felony or | ||
misdemeanor arising out of the transaction for which the person was | ||
arrested: | ||
(i) has not been presented against the | ||
person and: | ||
(a) for an arrest based on a felony, | ||
the limitations period expired before the date on which a petition | ||
for expunction was filed under Article 55.02 or, for an arrest based | ||
on a misdemeanor, at least 180 days have elapsed from the date of | ||
the arrest; or | ||
(b) in response to the petition for | ||
expunction, the court finds by a preponderance of the evidence that | ||
the indictment, information, or complaint has not been presented | ||
against the person because of mistake, false information, or other | ||
similar reason indicating absence of probable cause to believe the | ||
person committed the offense; or | ||
(ii) has been [ |
||
|
||
|
||
|
||
|
||
(a) for an arrest based on a felony, | ||
[ |
||
petition for expunction was filed under Article 55.02 or, for an | ||
arrest based on a misdemeanor, at least 180 days have elapsed from | ||
the date of the arrest; or | ||
(b) in response to the petition for | ||
expunction, [ |
||
evidence that the indictment, [ |
||
dismissed or quashed because the person successfully completed a | ||
pretrial intervention program authorized under Section 76.011, | ||
Government Code, because the person received a discharge and | ||
dismissal with respect to the offense under Section 20(a), Article | ||
42.12, [ |
||
mistake, false information, or other similar reason indicating | ||
absence of probable cause at the time of the dismissal to believe | ||
the person committed the offense, or because the indictment, | ||
information, or complaint [ |
||
(B) the person has been released and: | ||
(i) the charge, if any, has not resulted in | ||
a final conviction and is no longer pending; and | ||
(ii) there was no court-ordered [ |
||
|
||
other than for an offense punishable as a Class C misdemeanor or an | ||
offense with respect to which the person received a discharge and | ||
dismissal under Section 20(a), Article 42.12; and | ||
(C) the person has not been convicted of a felony | ||
in the five years preceding the date of the arrest. | ||
SECTION 2. Section 20(a), Article 42.12, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) At any time after the defendant has satisfactorily | ||
completed one-third of the original community supervision period or | ||
two years of community supervision, whichever is less, the period | ||
of community supervision may be reduced or terminated by the | ||
judge. On completion of one-half of the original community | ||
supervision period or two years of community supervision, whichever | ||
is more, the judge shall review the defendant's record and consider | ||
whether to reduce or terminate the period of community supervision, | ||
unless the defendant is delinquent in paying required restitution, | ||
fines, costs, or fees that the defendant has the ability to pay or | ||
the defendant has not completed court-ordered counseling or | ||
treatment. Before conducting the review, the judge shall notify | ||
the attorney representing the state and the defendant. If the judge | ||
determines that the defendant has failed to satisfactorily fulfill | ||
the conditions of community supervision, the judge shall advise the | ||
defendant in writing of the requirements for satisfactorily | ||
fulfilling those conditions. Upon the satisfactory fulfillment of | ||
the conditions of community supervision, and the expiration of the | ||
period of community supervision, the judge, by order duly entered, | ||
shall amend or modify the original sentence imposed, if necessary, | ||
to conform to the community supervision period and shall discharge | ||
the defendant. If the judge discharges the defendant under this | ||
section, the judge may set aside the verdict or permit the defendant | ||
to withdraw the defendant's plea, and shall dismiss the accusation, | ||
complaint, information or indictment against the defendant. The | ||
defendant[ |
||
and disabilities resulting from the offense or crime of which the | ||
defendant has been convicted or to which the defendant has pleaded | ||
guilty, except that, unless the defendant obtains an expunction of | ||
the underlying arrest under Chapter 55: | ||
(1) proof of the conviction or plea of guilty shall be | ||
made known to the judge should the defendant again be convicted of | ||
any criminal offense; and | ||
(2) if the defendant is an applicant for a license or | ||
is a licensee under Chapter 42, Human Resources Code, the Health and | ||
Human Services Commission may consider the fact that the defendant | ||
previously has received community supervision under this article in | ||
issuing, renewing, denying, or revoking a license under that | ||
chapter. | ||
SECTION 3. The change in law made by this Act applies to a | ||
person seeking expunction of records and files relating to an | ||
arrest regardless of whether the arrest occurred before, on, or | ||
after the effective date of this Act. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |