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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of certain drug-related offenses |
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following successful treatment and rehabilitation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 55, Code of Criminal Procedure, is |
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amended by adding Article 55.012 to read as follows: |
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Art. 55.012. EXPUNCTION OF CERTAIN DRUG-RELATED OFFENSES |
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FOLLOWING SUCCESSFUL TREATMENT. (a) A person who has been placed |
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under a custodial or noncustodial arrest for an offense involving |
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the possession of a substance regulated under Chapter 481, Health |
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and Safety Code, that is punishable as a felony of the third degree |
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or as any lower category of offense may petition a district court |
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for the county in which the person resides to have all records and |
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files related to the arrest expunged if the person: |
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(1) is fully discharged from the person's sentence, |
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including any term of deferred adjudication community supervision |
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and any term of incarceration and parole or other form of |
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supervision imposed following conviction of the offense, as |
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applicable; |
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(2) submits to a screening and evaluation procedure |
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developed or approved by the community justice assistance division |
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of the Texas Department of Criminal Justice under Section 509.003, |
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Government Code, and, if the evaluation indicates a need for a |
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prescribed course of drug-related treatment, submits to that |
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treatment; |
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(3) has not previously been finally convicted of any |
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felony offense involving the possession of a substance regulated |
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under Chapter 481, Health and Safety Code; and |
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(4) is not arrested for the commission of any felony |
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offense committed after the date of the arrest with respect to which |
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the person seeks an expunction. |
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(b) The person must submit a petition for expunction to a |
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district court under this article. The petition must be verified |
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and must contain: |
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(1) the information described by Section 2(b), Article |
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55.02; and |
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(2) a statement that the person meets each requirement |
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for expunction described by Subsection (a). |
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(c) After receipt of a petition under Subsection (b) and |
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notice to the state, the court shall hold a hearing to determine |
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whether the petitioner meets each requirement for expunction |
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described by Subsection (a). If after the hearing the court finds |
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that the petitioner meets each requirement for expunction and the |
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issuance of an order directing expunction is in the best interest of |
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justice, the court shall enter an order directing expunction in a |
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manner consistent with the procedures described by Section 1a, |
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Article 55.02. |
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SECTION 2. Section 411.0851(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information shall destroy and |
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may not disseminate any information in the possession of the entity |
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with respect to which the entity has received notice that: |
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(1) an order of expunction has been issued under |
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Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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(2) an order of nondisclosure has been issued under |
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Section 411.081(d). |
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SECTION 3. Section 552.1425(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information may not compile or |
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disseminate information with respect to which the entity has |
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received notice that: |
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(1) an order of expunction has been issued under |
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Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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(2) an order of nondisclosure has been issued under |
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Section 411.081(d). |
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SECTION 4. This Act takes effect September 1, 2015. |