By Farrar H.B. No. 1415
77R5668 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the expunction of certain arrest records and files.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 55.01, Code of Criminal Procedure, is
1-5 amended by adding Subsection (d) to read as follows:
1-6 (d)(1) A court that places a person on deferred adjudication
1-7 community supervision under Section 5, Article 42.12, shall expunge
1-8 all records and files relating to the arrest of a person for the
1-9 commission of the offense if the person:
1-10 (A) subsequently received a dismissal and
1-11 discharge under Section 5(c), Article 42.12, with respect to that
1-12 offense; and
1-13 (B) during the five-year period immediately
1-14 after the date of dismissal and discharge, was not convicted of any
1-15 offense.
1-16 (2) The court shall order expunction in the same
1-17 manner as expunction ordered under Section 1, Article 55.02,
1-18 following an acquittal, except that the court shall order
1-19 expunction not later than the 30th day after the fifth anniversary
1-20 of the date on which the person entitled to expunction received a
1-21 dismissal and discharge under Section 5(c), Article 42.12.
1-22 SECTION 2. The change in law made by this Act applies to a
1-23 defendant seeking expunction of records relating to an arrest
1-24 regardless of whether the arrest occurred before, on, or after the
2-1 effective date of this Act.
2-2 SECTION 3. This Act takes effect immediately if it receives
2-3 a vote of two-thirds of all the members elected to each house, as
2-4 provided by Section 39, Article III, Texas Constitution. If this
2-5 Act does not receive the vote necessary for immediate effect, this
2-6 Act takes effect September 1, 2001.