Bill Text: TX HB2684 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the expunction of arrest records and files and the issuance of orders of nondisclosure of criminal history record information for certain persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-06 - Left pending in committee [HB2684 Detail]
Download: Texas-2021-HB2684-Introduced.html
87R8476 JRR-F | ||
By: Canales | H.B. No. 2684 |
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relating to the expunction of arrest records and files and the | ||
issuance of orders of nondisclosure of criminal history record | ||
information for certain persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 55.01(c), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(c) A court may not order the expunction of records and | ||
files relating to an arrest for an offense for which a person is | ||
subsequently acquitted, whether by the trial court, a court of | ||
appeals, or the court of criminal appeals, if the offense for which | ||
the person was acquitted arose out of a criminal episode described | ||
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was convicted of or remains subject to prosecution for at least one | ||
other offense occurring during the criminal episode. | ||
SECTION 2. Subchapter E-1, Chapter 411, Government Code, is | ||
amended by adding Section 411.0717 to read as follows: | ||
Sec. 411.0717. CERTAIN RELATED OFFENSES INCLUDED IN ORDER. | ||
A court that issues an order of nondisclosure of criminal history | ||
record information under this subchapter shall include in the order | ||
any other offense arising out of the same transaction as the offense | ||
for which the order is sought if: | ||
(1) the other offense has not resulted in a final | ||
conviction and is no longer pending; and | ||
(2) there was no court-ordered community supervision | ||
under Chapter 42A, Code of Criminal Procedure, for the other | ||
offense. | ||
SECTION 3. Sections 411.073(b) and (d), Government Code, | ||
are amended to read as follows: | ||
(b) Notwithstanding any other provision of this subchapter | ||
or Subchapter F, a person described by Subsection (a) whose | ||
community supervision is not revoked and who completes the period | ||
of community supervision, including any term of confinement imposed | ||
and payment of all fines, costs, and restitution imposed, may | ||
petition the court that placed the person on community supervision | ||
for an order of nondisclosure of criminal history record | ||
information under this section if the person[ |
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Section 411.074[ |
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(d) A person may petition the court that placed the person | ||
on community supervision for an order of nondisclosure of criminal | ||
history record information under this section only on or after[ |
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SECTION 4. Section 411.0735(b), Government Code, is amended | ||
to read as follows: | ||
(b) Notwithstanding any other provision of this subchapter | ||
or Subchapter F, a person described by Subsection (a) who completes | ||
the person's sentence, including any term of confinement imposed | ||
and payment of all fines, costs, and restitution imposed, may | ||
petition the court that imposed the sentence for an order of | ||
nondisclosure of criminal history record information under this | ||
section if the person[ |
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Section 411.074[ |
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SECTION 5. Article 55.01(c), Code of Criminal Procedure, as | ||
amended by this Act, applies to the expunction of arrest records and | ||
files for any criminal offense that occurred before, on, or after | ||
the effective date of this Act. | ||
SECTION 6. This Act takes effect September 1, 2021. |