H.B. No. 413




AN ACT
relating to the manner of providing notice of a petition or order for the expunction or nondisclosure of certain criminal records. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2, Article 55.02, Code of Criminal Procedure, is amended by amending Subsection (c) and adding Subsection (c-1) to read as follows: (c) The court shall set a hearing on the matter no sooner than thirty days from the filing of the petition and shall give to each official or agency or other entity named in the petition reasonable notice of the hearing [to each official or agency or other entity named in the petition] by: (1) certified mail, return receipt requested; or (2) if requested in writing by the petitioner, secure electronic mail or facsimile transmission. (c-1) An [, and such] entity described by Subsection (c) may be represented by the attorney responsible for providing the entity [such agency] with legal representation in other matters. SECTION 2. Sections 3(c) and (d), Article 55.02, Code of Criminal Procedure, are amended to read as follows: (c) When the order of expunction is final, the clerk of the court shall send a certified copy of the order [by certified mail, return receipt requested,] to the Crime Records Service of the Department of Public Safety and [by hand delivery or certified mail, return receipt requested,] to each official or agency or other entity of this state or of any political subdivision of this state designated by the person who is the subject of the order. The certified copy of the order must be sent by secure electronic mail or facsimile transmission, if requested in writing by the person who is the subject of the order, or otherwise by certified mail, return receipt requested. In sending the order to an entity designated by the person, the clerk may elect to substitute hand delivery for certified mail under this subsection, but the [The] clerk [of the court] must receive a receipt for that hand-delivered [each] order [delivered by hand under this subsection]. The Department of Public Safety shall notify any central federal depository of criminal records by any means, including secure electronic mail or facsimile transmission, of the order with an explanation of the effect of the order and a request that the depository, as appropriate, either: (1) destroy or return to the court the records in possession of the depository that are subject to the order, including any information with respect to the order; or (2) comply with Section 5(f) of this article pertaining to information contained in records and files of a person entitled to expunction under Article 55.01(d). (d) Any [All] returned receipts received by the clerk from notices of the hearing and copies of the order shall be maintained in the file on the proceedings under this chapter. SECTION 3. Section 411.081, Government Code, is amended by amending Subsection (g) and adding Subsection (g-1) to read as follows: (g) When an order of nondisclosure is issued under this subsection, the clerk of the court shall send to the Crime Records Service of the Department of Public Safety a copy of the order by: (1) certified mail, return receipt requested; or (2) if requested in writing by the petitioner, secure electronic mail or facsimile transmission [, to the Crime Records Service of the Department of Public Safety]. (g-1) The Department of Public Safety shall send a copy of the order by mail or secure electronic mail or facsimile transmission [means] to all 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, and to all central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of the order. SECTION 4. (a) The change in law made by this Act to Chapter 55, Code of Criminal Procedure, applies to a person seeking 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. (b) The change in law made by this Act to Section 411.081, Government Code, applies to information related to a deferred adjudication or similar procedure described by Subsection (f) of that section, regardless of whether the deferred adjudication or procedure is entered before, on, or after the effective date of this Act. SECTION 5. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 413 was passed by the House on March 17, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 413 was passed by the Senate on May 12, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor