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A BILL TO BE ENTITLED
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AN ACT
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relating to the entitlement to expunction for certain persons who |
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are arrested solely as a result of inaccurate identifying |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) A person is entitled to obtain the expunction of [have] |
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any information that identifies the person, including the person's |
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name, address, date of birth, driver's license number, and social |
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security number, contained in records and files relating to the |
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person's arrest or the arrest of another person [expunged] if: |
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(1) the expunction of identifying information is |
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sought with respect to the arrest of the person asserting the |
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entitlement and the person was arrested solely as a result of |
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identifying information that was inaccurate due to a clerical |
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error; or |
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(2) the expunction of identifying information is |
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sought with respect to the arrest of a person other than the person |
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asserting the entitlement and: |
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(A) the information identifying the person |
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asserting the entitlement [to expunction] was falsely given by the |
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arrested person [arrested] as the arrested person's identifying |
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information without the consent of the person asserting the |
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entitlement; and |
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(B) [(2)] the only reason why [for] the |
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identifying information of [identifying] the person asserting the |
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entitlement is [being] contained in the applicable arrest records |
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and files [of the person arrested] is because of the deception of |
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[that the information was falsely given by] the arrested person |
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[arrested as the arrested person's identifying information]. |
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SECTION 2. Section 2a(b), Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) The application must be verified, include authenticated |
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fingerprint records of the applicant, and include the following or |
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an explanation for why one or more of the following is not included: |
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(1) the applicant's full name, sex, race, date of |
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birth, driver's license number, social security number, and address |
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at the time of the applicable arrest [the person who falsely
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identified himself or herself as the applicant was arrested]; |
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(2) the following information regarding the arrest: |
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(A) the date of arrest; |
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(B) the offense charged against the person |
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arrested; |
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(C) the name of the county or municipality in |
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which the arrest occurred; and |
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(D) the name of the arresting agency; and |
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(3) a statement, as appropriate, that the applicant: |
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(A) was arrested solely as a result of |
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identifying information that was inaccurate due to a clerical |
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error; or |
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(B) [the applicant] is not the person arrested |
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and for whom the arrest records and files were created[;] and |
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[(B) the applicant] did not give the arrested |
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person [arrested] consent to falsely identify himself or herself as |
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the applicant. |
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SECTION 3. This Act applies to the expunction of arrest |
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records and files for a person whose entitlement to expunction |
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under Article 55.01(d), Code of Criminal Procedure, as amended by |
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this Act, arises before, on, or after the effective date of this |
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Act, regardless of when the underlying arrest occurred. |
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SECTION 4. This Act takes effect September 1, 2017. |
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