Bill Text: TX HB2889 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the expunction of records and files relating to a person's arrest.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2011-06-17 - Vetoed by the Governor [HB2889 Detail]
Download: Texas-2011-HB2889-Enrolled.html
H.B. No. 2889 |
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relating to the 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 or information charging the | ||
person with commission of a felony has not been presented against | ||
the person for an offense arising out of the transaction for which | ||
the person was arrested or, if an indictment or information | ||
charging the person with commission of a felony was presented, the | ||
indictment or information has been dismissed or quashed, and: | ||
(i) the limitations period expired before | ||
the date on which a petition for expunction was filed under Article | ||
55.02; [ |
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(ii) the court finds that the indictment or | ||
information was dismissed or quashed because the person completed a | ||
pretrial intervention program authorized under Section 76.011, | ||
Government Code, or because the presentment had been made because | ||
of 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 it was void; or | ||
(iii) an office of the attorney | ||
representing the state authorized by law to prosecute the offense | ||
for which the person was arrested declines to prosecute the offense | ||
and, after receiving notice of a request or petition for expunction | ||
of all records and files relating to the arrest, does not object to | ||
the court entering an order of expunction under Article 55.02; | ||
(B) the person has been released and the charge, | ||
if any, has not resulted in a final conviction and is no longer | ||
pending and there was no court ordered community supervision under | ||
Article 42.12 for any offense other than a Class C misdemeanor; and | ||
(C) the person has not been convicted of a felony | ||
in the five years preceding the date of the arrest. | ||
SECTION 2. This Act applies to an expunction of arrest | ||
records and files for any criminal offense that occurred before, | ||
on, or after the effective date of this Act. | ||
SECTION 3. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2889 was passed by the House on May | ||
10, 2011, by the following vote: Yeas 141, Nays 1, 3 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2889 was passed by the Senate on May | ||
23, 2011, by the following vote: Yeas 26, Nays 5. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |