HB2328 - Relating to the procedures for the expunction of arrest records and files; authorizing a fee.

  89R3013 JSC-F     By: Orr H.B. No. 2328       A BILL TO BE ENTITLED   AN ACT   relating to the procedures for the expunction of arrest records and   files; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 55A.203, Code of Criminal Procedure, is   amended by adding Subsection (d) to read as follows:           (d)     A person entitled to expunction under Article   55A.053(a)(2)(A) or (B) shall provide the court with the   information required in a petition for expunction under Article   55A.253.          SECTION 2.  Article 55A.253, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.253.  CONTENTS OF PETITION. (a) An ex parte   petition filed under Article 55A.251, 55A.252, or 55A.257 must be   verified and must include, with respect to the person who is the   subject of the petition, the following or an explanation for why one   or more of the following is not included:                (1)  the person's:                      (A)  full name;                      (B)  sex;                      (C)  race;                      (D)  date of birth;                      (E)  driver's license number;                      (F)  social security number; and                      (G)  address at the time of the arrest;                (2)  the offense charged;                (3)  the date the offense charged was alleged to have   been committed;                (4)  the date of arrest;                (5)  the name of the county of arrest and if the arrest   occurred in a municipality, the name of the municipality;                (6)  the name of the arresting agency;                (7)  the case number and court of offense; and                (8)  together with the applicable physical and [ or ]   e-mail addresses, a list of all:                      (A)  law enforcement agencies, jails or other   detention facilities, magistrates, courts, attorneys representing   the state, 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;                      (B)  central federal depositories of criminal   records that the person who is the subject of the petition has   reason to believe have records or files that are subject to   expunction; and                      (C)  private entities that compile and   disseminate for compensation criminal history record information   that the person who is the subject of the petition has reason to   believe have information related to records or files that are   subject to expunction.           (b)  A petition under this article may not:                 (1)  list any state or local agency more than once; or                 (2)     include multiple contacts or addresses for   different divisions with respect to the same state or local agency.          SECTION 3.  Article 55A.254, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsections (a-1),   (d), (e), (f), and (g) to read as follows:          (a)  The court shall set a hearing on an ex parte petition for   expunction not earlier than the 30th day following the date [ 30 days   from the filing of ] the petition is filed and shall give a copy of   the petition and notice of hearing to each official , [ or ] agency , or   other [ governmental ] entity listed [ named ] in the petition , other   than central federal depositories of criminal records, [ reasonable   notice of the hearing ] by:                (1)  certified mail, return receipt requested; or                (2)  secure electronic mail, electronic transmission,   or facsimile transmission.           (a-1)     The clerk of the court is not required to transmit a   copy of either the petition or notice of hearing to the Office of   Court Administration of the Texas Judicial System.           (d)     A state or local agency with an e-mail address that is   identified under Article 55A.253(a) must accept a copy of the   petition or notice of hearing that is provided in an electronic   format by the clerk of the court.           (e)     The clerk of the court may not charge a fee to   electronically transmit a copy of the petition or notice of hearing   to an official, agency, or other entity for which an e-mail address   or other means of electronic transmission is provided in the   petition.           (f)     The clerk of the court shall charge a fee of $25 for each   official, agency, or other entity that is listed in the petition and   that is unable to receive an electronic transmission under   Subsection (e).           (g)     On receipt of a copy of a petition or notice of hearing   under this article, the Department of Public Safety shall notify   the appropriate central federal depositories of criminal records   listed in the petition.            SECTION 4.  Article 55A.256, Code of Criminal Procedure, is   amended by amending Subsection (c) and adding Subsection (c-1) to   read as follows:          (c)  After verifying the allegations in the application, the   attorney representing the state shall:                (1)  include on the application information regarding   the arrest that was requested of the applicant but was unknown by   the applicant;                (2)  forward a copy of the application to the district   court for the county;                (3)  together with the applicable physical and [ or ]   e-mail addresses, attach to the copy a list of all:                      (A)  law enforcement agencies, jails or other   detention facilities, magistrates, courts, attorneys representing   the state, 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;                      (B)  central federal depositories of criminal   records that are reasonably likely to have records or files   containing information that is subject to expunction; and                      (C)  private entities that compile and   disseminate for compensation criminal history record information   that are reasonably likely to have records or files containing   information that is subject to expunction; and                (4)  request the court to enter an order directing   expunction based on an entitlement to expunction under Article   55A.006.           (c-1)  An application under this article may not:                 (1)  list any state or local agency more than once; or                 (2)     include multiple contacts or addresses for   different divisions with respect to the same state or local agency.          SECTION 5.  Article 55A.351, Code of Criminal Procedure, is   amended by amending Subsections (a), (b), and (c) and adding   Subsections (b-1), (b-2), and (b-3) to read as follows:          (a)  When an expunction order issued under Subchapter E or F   is final, the clerk of the court shall send a [ certified ] copy of   the order to the Crime Records Service of the Department of Public   Safety , the Office of Court Administration of the Texas Judicial   System, and to each official or agency or other governmental entity   of this state or of any political subdivision of this state listed   [ named ] in the order.          (b)  The [ certified ] copy of the order must be sent by secure   electronic mail, electronic transmission, or facsimile   transmission or otherwise by certified mail, return receipt   requested.           (b-1)     A state or local agency with an e-mail address that is   identified under Article 55A.253 or 55A.256 must accept a copy of an   expunction order that is provided in an electronic format by the   clerk of the court.           (b-2)     The clerk of the court may not charge a fee to   electronically transmit a copy of the expunction order to an   official or agency or other governmental entity for which an e-mail   address or other means of electronic transmission is provided in   the applicable petition or application.           (b-3)     The clerk of the court shall charge a fee of $25 for   each official, agency, or other governmental entity that is listed   in the applicable petition or application and that is unable to   receive an electronic transmission under Subsection (b-2).          (c)  In sending the order under Subsection (a) to a   governmental entity listed [ named ] in the order, the clerk may   elect to substitute hand delivery for certified mail, but the clerk   must receive a receipt for that hand-delivered order.          SECTION 6.  Article 55A.352(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  The department shall provide, by secure electronic   mail, electronic transmission, or facsimile transmission, notice   of the order to any private entity that is listed [ named ] in the   order or that purchases criminal history record information from   the department.          SECTION 7.  Article 55A.353, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.353.  DISPOSITION OF EXPUNGED RECORDS. Except as   provided by Articles 55A.354 and 55A.357, on receipt of an   expunction order issued under Subchapter E or F, each official or   agency or other governmental entity listed [ named ] in the order   shall:                (1)  as appropriate:                      (A)  return all records and files that are subject   to the expunction order to the court; or                      (B)  in cases other than those described by   Articles 55A.202 and 55A.203, if removal is impracticable,   obliterate all portions of the record or file that identify the   person who is the subject of the order and notify the court of the   action; and       &#xA [Text truncated for display. Full text available on Congress.gov.]