Bill Text: TX HB557 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the expunction of arrest records and files for certain persons and to the return of certain fees to a person whose criminal record has been expunged; authorizing a fee.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB557 Detail]
Download: Texas-2017-HB557-Enrolled.html
H.B. No. 557 |
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relating to the expunction of arrest records and files for certain | ||
persons and to the return of certain fees to a person whose criminal | ||
record has been expunged; authorizing a fee. | ||
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 (b-1) to | ||
read as follows: | ||
(b) Except as provided by Subsection (c) and subject to | ||
Subsection (b-1), a district court, a justice court, or a municipal | ||
court of record may expunge all records and files relating to the | ||
arrest of a person [ |
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if: | ||
(1) the person is: | ||
(A) tried for the offense for which the person | ||
was arrested; | ||
(B) convicted of the offense; and | ||
(C) acquitted by the court of criminal appeals | ||
or, if the period for granting a petition for discretionary review | ||
has expired, by a court of appeals; or | ||
(2) an office of the attorney representing the state | ||
authorized by law to prosecute the offense for which the person was | ||
arrested recommends the expunction to the [ |
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court before the person is tried for the offense, regardless of | ||
whether an indictment or information has been presented against the | ||
person in relation to the offense. | ||
(b-1) A justice court or a municipal court of record may | ||
only expunge records and files under Subsection (b) that relate to | ||
the arrest of a person for an offense punishable by fine only. | ||
SECTION 2. Section 1, Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 1. At the request of the acquitted person [ |
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and after notice to the state, or at the request of the attorney for | ||
the state with the consent of the acquitted person, the trial court | ||
presiding over the case in which the person [ |
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acquitted, if the trial court is a district court, a justice court, | ||
or a municipal court of record, or a district court in the county in | ||
which the trial court is located shall enter an order of expunction | ||
for a person entitled to expunction under Article 55.01(a)(1)(A) | ||
not later than the 30th day after the date of the acquittal. On | ||
[ |
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[ |
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order of expunction [ |
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court all of the information required in a petition for expunction | ||
under Section 2(b). The attorney for the acquitted person | ||
[ |
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acquitted, if the person [ |
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the attorney for the state, if the person [ |
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represented by counsel or if the attorney for the state requested | ||
the order of expunction, shall prepare the order for the court's | ||
signature. | ||
SECTION 3. Section 1a(a), Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) The trial court presiding over a case in which a person | ||
[ |
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pardoned on the basis of actual innocence of the offense of which | ||
the person [ |
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district court, a justice court, or a municipal court of record, or | ||
a district court in the county in which the trial court is located | ||
shall enter an order of expunction for a person entitled to | ||
expunction under Article 55.01(a)(1)(B)(ii) not later than the 30th | ||
day after the date the court receives notice of the pardon or other | ||
grant of relief. The person shall provide to the [ |
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all of the information required in a petition for expunction under | ||
Section 2(b). | ||
SECTION 4. Section 2, Article 55.02, Code of Criminal | ||
Procedure, is amended by amending Subsections (a) and (b) and | ||
adding Subsection (a-1) to read as follows: | ||
(a) A person who is entitled to expunction of records and | ||
files under Article 55.01(a)(1)(A), 55.01(a)(1)(B)(i), or | ||
55.01(a)(2) or a person who is eligible for expunction of records | ||
and files under Article 55.01(b) may file an ex parte petition for | ||
expunction in a district court for the county in which: | ||
(1) the petitioner was arrested; or | ||
(2) the offense was alleged to have occurred. | ||
(a-1) If the arrest for which expunction is sought is for an | ||
offense punishable by fine only, a person who is entitled to | ||
expunction of records and files under Article 55.01(a) or a person | ||
who is eligible for expunction of records and files under Article | ||
55.01(b) may file an ex parte petition for expunction in a justice | ||
court or a municipal court of record in the county in which: | ||
(1) the petitioner was arrested; or | ||
(2) the offense was alleged to have occurred. | ||
(b) A [ |
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must be verified and must include the following or an explanation | ||
for why one or more of the following is not included: | ||
(1) the petitioner's: | ||
(A) full name; | ||
(B) sex; | ||
(C) race; | ||
(D) date of birth; | ||
(E) driver's license number; | ||
(F) social security number; and | ||
(G) address at the time of the arrest; | ||
(2) the offense charged against the petitioner; | ||
(3) the date the offense charged against the | ||
petitioner was alleged to have been committed; | ||
(4) the date the petitioner was arrested; | ||
(5) the name of the county where the petitioner was | ||
arrested and if the arrest occurred in a municipality, the name of | ||
the municipality; | ||
(6) the name of the agency that arrested the | ||
petitioner; | ||
(7) the case number and court of offense; and | ||
(8) together with the applicable physical or e-mail | ||
addresses, a list of all: | ||
(A) law enforcement agencies, jails or other | ||
detention facilities, magistrates, courts, prosecuting attorneys, | ||
correctional facilities, central state depositories of criminal | ||
records, and other officials or agencies or other entities of this | ||
state or of any political subdivision of this state; | ||
(B) central federal depositories of criminal | ||
records that the petitioner has reason to believe have records or | ||
files that are subject to expunction; and | ||
(C) private entities that compile and | ||
disseminate for compensation criminal history record information | ||
that the petitioner has reason to believe have information related | ||
to records or files that are subject to expunction. | ||
SECTION 5. Article 102.006, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 102.006. FEES IN EXPUNCTION PROCEEDINGS. (a) In | ||
addition to any other fees required by other law and except as | ||
provided by Subsection (b), a petitioner seeking expunction of a | ||
criminal record in a district court shall pay the following fees: | ||
(1) the fee charged for filing an ex parte petition in | ||
a civil action in district court; | ||
(2) $1 plus postage for each certified mailing of | ||
notice of the hearing date; and | ||
(3) $2 plus postage for each certified mailing of | ||
certified copies of an order of expunction. | ||
(a-1) In addition to any other fees required by other law | ||
and except as provided by Subsection (b), a petitioner seeking | ||
expunction of a criminal record in a justice court or a municipal | ||
court of record under Chapter 55 shall pay a fee of $100 for filing | ||
an ex parte petition for expunction to defray the cost of notifying | ||
state agencies of orders of expunction under that chapter. | ||
(b) The fees under Subsection (a) or the fee under | ||
Subsection (a-1), as applicable, shall be waived if: | ||
(1) the petitioner seeks expunction of a criminal | ||
record that relates to an arrest for an offense of which the person | ||
was acquitted, other than an acquittal for an offense described by | ||
Article 55.01(c); and | ||
(2) the petition for expunction is filed not later | ||
than the 30th day after the date of the acquittal. | ||
(c) A court that grants a petition for expunction of a | ||
criminal record may order that any fee, or portion of a fee, | ||
required to be paid under Subsection (a) be returned to the | ||
petitioner. | ||
SECTION 6. Section 27.031, Government Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) A justice court has concurrent jurisdiction with a | ||
district court and a municipal court of record over expunction | ||
proceedings relating to the arrest of a person for an offense | ||
punishable by fine only. | ||
SECTION 7. Section 30.00005, Government Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) The court has concurrent jurisdiction with a district | ||
court and a justice court over expunction proceedings relating to | ||
the arrest of a person for an offense punishable by fine only. | ||
SECTION 8. Subchapter B, Chapter 103, Government Code, is | ||
amended by adding Section 103.02101 to read as follows: | ||
Sec. 103.02101. ADDITIONAL FEE IN CERTAIN EXPUNCTION CASES: | ||
CODE OF CRIMINAL PROCEDURE. A petitioner filing an ex parte | ||
petition for expunction in a justice court or a municipal court of | ||
record shall pay a fee under Article 102.006, Code of Criminal | ||
Procedure, of $100 to defray the costs of notifying state agencies | ||
of orders of expunction. | ||
SECTION 9. Section 202.001(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) The following records may be destroyed without meeting | ||
the conditions of Subsection (a): | ||
(1) records the destruction or obliteration of which | ||
is directed by an expunction order issued by a [ |
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pursuant to state law; and | ||
(2) records defined as exempt from scheduling or | ||
filing requirements by rules adopted by the commission or listed as | ||
exempt in a records retention schedule issued by the commission. | ||
SECTION 10. (a) Except as otherwise provided by this | ||
section, this Act applies to an expunction of records and files | ||
relating to any criminal offense that occurred before, on, or after | ||
the effective date of this Act. | ||
(b) Section 1, Article 55.02, Code of Criminal Procedure, as | ||
amended by this Act, applies only to the expunction of arrest | ||
records and files related to a criminal offense for which the trial | ||
of the offense begins on or after the effective date of this Act. | ||
The expunction of arrest records and files under Section 1, Article | ||
55.02, Code of Criminal Procedure, related to a criminal offense | ||
for which the trial of the offense begins before the effective date | ||
of this Act is governed by the law in effect on the date the trial | ||
begins, and the former law is continued in effect for that purpose. | ||
(c) Article 102.006(c), Code of Criminal Procedure, as | ||
added by this Act, applies only to a petition for expunction filed | ||
on or after the effective date of this Act. A petition for | ||
expunction filed before the effective date of this Act is governed | ||
by the law in effect on the date the petition was filed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 11. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 557 was passed by the House on May 5, | ||
2017, by the following vote: Yeas 147, Nays 0, 1 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 557 on May 26, 2017, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 557 on May 28, 2017, by the following vote: Yeas 139, | ||
Nays 8, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 557 was passed by the Senate, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 31, Nays | ||
0; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
557 on May 28, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |