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AN ACT
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relating to the expunction of certain convictions or arrests of a |
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minor for certain alcohol-related offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 106.12, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 106.12. EXPUNCTION [EXPUNGEMENT] OF CONVICTION OR |
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ARREST RECORDS OF A MINOR. |
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SECTION 2. Section 106.12, Alcoholic Beverage Code, is |
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amended by amending Subsections (c) and (d) and adding Subsections |
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(e) and (f) to read as follows: |
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(c) If the court finds that the applicant was not convicted |
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of any other violation of this code while he was a minor, the court |
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shall order the conviction, together with all complaints, verdicts, |
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sentences, prosecutorial and law enforcement records, and other |
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documents relating to the offense, to be expunged from the |
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applicant's record. After entry of the order, the applicant shall |
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be released from all disabilities resulting from the conviction, |
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and the conviction may not be shown or made known for any purpose. |
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(d) Any person placed under a custodial or noncustodial |
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arrest for not more than one violation of this code while a minor |
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and who was not convicted of the violation may apply to the court in |
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which the person was charged to have the records of the arrest |
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expunged. The application must contain the applicant's sworn |
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statement that the applicant was not arrested for a violation of |
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this code other than the arrest the applicant seeks to expunge. If |
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the court finds the applicant was not arrested for any other |
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violation of this code while a minor, the court shall order all |
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complaints, verdicts, prosecutorial and law enforcement records, |
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and other documents relating to the violation to be expunged from |
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the applicant's record. |
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(e) The court shall charge an applicant a fee in the amount |
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of $30 for each application for expunction [expungement] filed |
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under this section to defray the cost of notifying state agencies of |
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orders of expunction [expungement] under this section. |
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(f) The procedures for expunction provided under this |
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section are separate and distinct from the expunction procedures |
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under Chapter 55, Code of Criminal Procedure. |
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SECTION 3. The change in law made by this Act to Section |
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106.12, Alcoholic Beverage Code, applies to the expunction of |
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records of a conviction or arrest made before, on, or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2059 was passed by the House on April |
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28, 2017, by the following vote: Yeas 135, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2059 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |