Bill Text: TX HB3306 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to a person's eligibility for expunction of certain criminal history records and files.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-19 - Left pending in committee [HB3306 Detail]
Download: Texas-2011-HB3306-Introduced.html
82R5549 JSC-D | ||
By: Marquez | H.B. No. 3306 |
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relating to a person's eligibility for expunction of certain | ||
criminal history records and files. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 55.01, Code of Criminal Procedure, is | ||
amended by amending Subsection (b) and adding Subsection (e) to | ||
read as follows: | ||
(b) Except as provided by Subsection (c) [ |
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a district court may expunge all records and files relating to the | ||
arrest of a person who has been arrested for commission of a felony | ||
or misdemeanor under the procedure established under Article 55.02 | ||
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(1) tried for the offense for which the person was | ||
arrested,[ |
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(2) convicted of the offense and meets the | ||
requirements of Subsection (e). | ||
(e) A person is eligible for an expunction under Subsection | ||
(b)(2) if: | ||
(1) the person is not seeking an order of expunction | ||
for and has never been convicted of or placed on deferred | ||
adjudication for: | ||
(A) an offense requiring registration as a sex | ||
offender under Chapter 62; | ||
(B) an offense under any of the following | ||
provisions of the Penal Code: | ||
(i) Chapter 19; | ||
(ii) Section 20.03, 20.04, or 20.05; | ||
(iii) Chapter 20A; | ||
(iv) Section 22.01, 22.02, or 22.04; | ||
(v) Section 28.02; | ||
(vi) Chapter 29; | ||
(vii) Section 30.02; | ||
(viii) Section 42.072; or | ||
(ix) Section 49.04, 49.045, 49.07, or | ||
49.08; | ||
(C) an offense involving manufacture or delivery | ||
of a controlled substance under Subchapter D, Chapter 481, Health | ||
and Safety Code; or | ||
(D) any other offense involving family violence, | ||
as defined by Section 71.004, Family Code; | ||
(2) with respect to the offense for which the person is | ||
seeking an order of expunction, the person petitions the court for | ||
an order of expunction under Article 55.02 only on or after the 15th | ||
anniversary of the date the person is convicted; and | ||
(3) during the applicable period described by | ||
Subdivision (2), the person is not convicted of or placed on | ||
deferred adjudication community supervision for any offense other | ||
than an offense under the Transportation Code punishable by fine | ||
only. | ||
SECTION 2. The change in law made by this Act applies to a | ||
person who, on or after the effective date of this Act, seeks | ||
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 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. |