Bill Text: TX SB686 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-02-17 - Referred to Criminal Justice [SB686 Detail]

Download: Texas-2023-SB686-Introduced.html
  88R7654 JCG-F
 
  By: Johnson S.B. No. 686
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedures for the expunction of arrest records and
  files for persons who complete certain court programs or pretrial
  intervention programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 1a(a-1) and (a-2), Article 55.02, Code
  of Criminal Procedure, are redesignated as Section 1b, Article
  55.02, Code of Criminal Procedure, and amended to read as follows:
         Sec. 1b.  (a) [(a-1)] A trial court dismissing a case
  following a person's successful completion of a veterans treatment
  court program created under Chapter 124, Government Code, or former
  law, if the trial court is a district court, or a district court in
  the county in which the trial court is located shall [may, with the
  consent of the attorney representing the state,] enter an order of
  expunction for a person entitled to expunction under Article
  55.01(a)(2)(A)(ii)(a) not later than the 30th day after the date
  the court dismisses the case or receives the information regarding
  that dismissal, as applicable.  [Notwithstanding any other law, a
  court that enters an order for expunction under this subsection may
  not charge any fee or assess any cost for the expunction.]
         (b) [(a-2)]  A trial court dismissing a case following a
  person's successful completion of a mental health court program
  created under Chapter 125, Government Code, or former law, if the
  trial court is a district court, or a district court in the county
  in which the trial court is located shall [may, with the consent of
  the attorney representing the state,] enter an order of expunction
  for a person entitled to expunction under Article
  55.01(a)(2)(A)(ii)(b) not later than the 30th day after the date
  the court dismisses the case or receives the information regarding
  that dismissal, as applicable. [Notwithstanding any other law, a
  court that enters an order for expunction under this subsection may
  not charge any fee or assess any cost for the expunction.]
         SECTION 2.  Section 1b, Article 55.02, Code of Criminal
  Procedure, as added by this Act, is amended by adding Subsections
  (c), (d), and (e) to read as follows:
         (c)  This subsection applies only to a pretrial intervention
  program authorized under Section 76.011, Government Code, other
  than a program described by Subsection (a) or (b) of this section.
  A trial court dismissing a case following a person's successful
  completion of a program to which this subsection applies, if the
  trial court dismissing the case is a district court, 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)(2)(A)(ii)(c) not later than the 30th day after the
  date the court dismisses the case or receives the information
  regarding that dismissal, as applicable.
         (d)  The person for whom a court is required to enter an order
  of expunction under Subsection (a), (b), or (c), as applicable,
  shall provide to the attorney representing the state all of the
  information required in a petition for expunction under Section
  2(b).  The attorney representing the state shall prepare an
  expunction order under this section for the court's signature.
         (e)  Notwithstanding any other law, a court that enters an
  order for expunction under this section may not charge any fee or
  assess any cost for the expunction.
         SECTION 3.  Section 5, Article 55.02, Code of Criminal
  Procedure, is amended by adding Subsection (h) to read as follows:
         (h)  Notwithstanding any other provision of this section, a
  community supervision and corrections department established under
  Chapter 76, Government Code, or an office of an attorney
  representing the state, in possession of records and files subject
  to an expunction order based on an entitlement under Article
  55.01(a)(2)(A)(ii)(a), (b), or (c) may retain and use those records
  and files only for the purpose of developing and operating pretrial
  intervention programs in a judicial district served by the
  department or office.
         SECTION 4.  Article 102.006(b-1), Code of Criminal
  Procedure, is amended to read as follows:
         (b-1)  The fees under Subsection (a) shall be waived if the
  petitioner is entitled to expunction:
               (1)  under Article 55.01(a)(2)(A)(ii)(a) after
  successful completion of a veterans treatment court program created
  under Chapter 124, Government Code, or former law; [or]
               (2)  under Article 55.01(a)(2)(A)(ii)(b) after
  successful completion of a mental health court program created
  under Chapter 125, Government Code, or former law; or
               (3)  under Article 55.01(a)(2)(A)(ii)(c) after
  successful completion of a pretrial intervention program
  authorized under Section 76.011, Government Code.
         SECTION 5.  (a)  Except as provided by Subsection (b) of
  this section and subject to Subsection (c) of this section, this Act
  applies, regardless of when the underlying arrest occurred, to the
  expunction of arrest records and files for a person who
  successfully completes any of the following programs before, on, or
  after the effective date of this Act:
               (1)  a veterans treatment court program under Chapter
  124, Government Code, or former law;
               (2)  a mental health court program under Chapter 125,
  Government Code, or former law; or
               (3)  a pretrial intervention program authorized under
  Section 76.011, Government Code.
         (b)  The change in law made by this Act to Article 102.006,
  Code of Criminal Procedure, applies to the fees charged or costs
  assessed for an expunction order entered on or after the effective
  date of this Act, regardless of whether the underlying arrest
  occurred before, on, or after the effective date of this Act.
         (c)  For a person who is entitled to expunction under Article
  55.01(a)(2)(A)(ii)(a), (b), or (c), Code of Criminal Procedure,
  based on a successful completion of a program described by
  Subsection (a) of this section before the effective date of this
  Act, notwithstanding the 30-day time limit provided for the court
  to enter an automatic order of expunction under Section 1b, Article
  55.02, Code of Criminal Procedure, as added by this Act, the court
  shall enter the required order of expunction for the person as soon
  as practicable after the court receives written notice from any
  party to the case about the person's entitlement to the expunction.
         SECTION 6.  This Act takes effect September 1, 2023.
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