HB2497 - Relating to the automatic expunction of arrest records and files for certain public safety employees who successfully complete a public safety employees treatment court program.

      By: Geren H.B. No. 2497       A BILL TO BE ENTITLED   AN ACT   relating to the automatic expunction of arrest records and files   for certain public safety employees who successfully complete a   public safety employees treatment court program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 55.01, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsection (a-5) to   read as follows:          (a)  A person who has been placed under a custodial or   noncustodial arrest for commission of either a felony or   misdemeanor is entitled to have all records and files relating to   the arrest expunged if:                (1)  the person is tried for the offense for which the   person was arrested and is:                      (A)  acquitted by the trial court, except as   provided by Subsection (c);                      (B)  convicted and subsequently:                            (i)  pardoned for a reason other than that   described by Subparagraph (ii); or                            (ii)  pardoned or otherwise granted relief   on the basis of actual innocence with respect to that offense, if   the applicable pardon or court order clearly indicates on its face   that the pardon or order was granted or rendered on the basis of the   person's actual innocence; or                      (C)  convicted of an offense committed before   September 1, 2021, under Section 46.02(a), Penal Code, as that   section existed before that date; or                (2)  the person has been released and the charge, if   any, has not resulted in a final conviction and is no longer pending   and there was no court-ordered community supervision under Chapter   42A for the offense, unless the offense is a Class C misdemeanor,   provided that:                      (A)  regardless of whether any statute of   limitations exists for the offense and whether any limitations   period for the offense has expired, an indictment or information   charging the person with the commission of a misdemeanor offense   based on the person's arrest or charging the person with the   commission of any felony offense arising out of the same   transaction for which the person was arrested:                            (i)  has not been presented against the   person at anytime following the arrest, and:                                  (a)  at least 180 days have elapsed   from the date of arrest if the arrest for which the expunction was   sought was for an offense punishable as a Class C misdemeanor and if   there was no felony charge arising out of the same transaction for   which the person was arrested;                                  (b)  at least one year has elapsed from   the date of arrest if the arrest for which the expunction was sought   was for an offense punishable as a Class B or A misdemeanor and if   there was no felony charge arising out of the same transaction for   which the person was arrested;                                  (c)  at least three years have elapsed   from the date of arrest if the arrest for which the expunction was   sought was for an offense punishable as a felony or if there was a   felony charge arising out of the same transaction for which the   person was arrested; or                                  (d)  the attorney representing the   state certifies that the applicable arrest records and files are   not needed for use in any criminal investigation or prosecution,   including an investigation or prosecution of another person; or                            (ii)  if presented at any time following the   arrest, was dismissed or quashed, and the court finds that the   indictment or information was dismissed or quashed because:                                  (a)  the person completed a veterans   treatment court program created under Chapter 124, Government Code,   or former law, subject to Subsection (a-3);                                  (b)  the person completed a mental   health court program created under Chapter 125, Government Code, or   former law, subject to Subsection (a-4);                                  (c)   the person completed a public   safety employees treatment court program created under Chapter 129,   Government Code, subject to Subsection (a-5);                                   (d)   the person completed a pretrial   intervention program authorized under Section 76.011, Government   Code, other than a veterans treatment court program created under   Chapter 124, Government Code, or former law, [ or ] a mental health   court program created under Chapter 125, Government Code, or former   law , or a public safety employees treatment court program created   under Chapter 129, Government Code;                                   (e)  [ (d) ]  the presentment had been   made because of mistake, false information, or other similar reason   indicating absence of probable cause at the time of the dismissal to   believe the person committed the offense; or                                   (f)  [ (e) ]  the indictment or   information was void; or                      (B)  prosecution of the person for the offense for   which the person was arrested is no longer possible because the   limitations period has expired.           (a-5)     A person is eligible under Subsection   (a)(2)(A)(ii)(c) for an expunction of arrest records and files only   if:                 (1)     the person has not previously received an   expunction of arrest records and files under that sub-subparagraph;   and                 (2)     the person submits to the court an affidavit   attesting to that fact.          SECTION 2.  Section 1a, Article 55.02, Code of Criminal   Procedure, is amended by adding Subsection (a-3) to read as   follows:           (a-3)     A trial court dismissing a case following a person's   successful completion of a public safety employees treatment court   program created under Chapter 129, Government Code, if the trial   court is a district court, or a district court in the county in   which the trial court is located may, with the consent of the   attorney representing the state, enter an order of expunction for a   person entitled to expunction under Article 55.01(a)(2)(A)(ii)(c)   not later than the 30th day after the date the court dismisses the   case or receives the information regarding that dismissal, as   applicable. Notwithstanding any other law, a court that enters an   order for expunction under this subsection may not charge any fee or   assess any cost for the expunction.          SECTION 3.  Article 102.006(b-1), Code of Criminal   Procedure, is amended to read as follows:          (b-1)  The fees under Subsection (a) shall be waived if the   petitioner is entitled to expunction:                (1)  under Article 55.01(a)(2)(A)(ii)(a) after   successful completion of a veterans treatment court program created   under Chapter 124, Government Code, or former law; [ or ]                (2)  under Article 55.01(a)(2)(A)(ii)(b) after   successful completion of a mental health court program created   under Chapter 125, Government Code, or former law ; or                 (3)     under Article 55.01(a)(2)(A)(ii)(c) after   successful completion of a public safety employees treatment court   program created under Chapter 129, Government Code .          SECTION 4.  Section 129.002(b), Government Code, is amended   to read as follows:          (b)  If a defendant successfully completes a public safety   employees treatment court program, after notice to the attorney   representing the state and a hearing in the public safety employees   treatment court at which that court determines that a dismissal is   in the best interest of justice, the public safety employees   treatment court shall provide to the court in which the criminal   case is pending information about the dismissal and shall include   all of the information required about the defendant for a petition   for expunction under Section 2(b), Article 55.02, Code of Criminal   Procedure.   The  court in which the criminal case is pending shall   dismiss the case against the defendant and:                 (1)     if that trial court is a district court, the court   may, with the consent of the attorney representing the state, enter   an order of expunction on behalf of the defendant under Section   1a(a-3), Article 55.02, Code of Criminal Procedure; or                 (2)     if that trial court is not a district court, the   court may, with the consent of the attorney representing the state,   forward the appropriate dismissal and expunction information to   enable a district court with jurisdiction to enter an order of   expunction on behalf of the defendant under Section 1a(a-3),   Article 55.02, Code of Criminal Procedure .          SECTION 5.  (a)  Except as provided by Subsection (b) of   this section, this Act applies to the expunction of arrest records   and files for a person who successfully completes a public safety   employees treatment court program under Chapter 129, Government   Code, before, on, or after the effective date of this Act,   regardless of when the underlying arrest occurred.          (b)  The change in law made by this Act to Article 102.006,   Code of Criminal Procedure, applies to the fees charged or costs   assessed for an expunction order entered on or after the effective   date of this Act, regardless of whether the underlying arrest   occurred before, on, or after the effective date of this Act.          (c)  For a person who is entitled to expunction under Article   55.01(a)(2)(A)(ii)(c), Code of Criminal Procedure, as amended by   this Act, based on a successful completion of a public safety   employees treatment court program under Chapter 129, Government   Code, before the effective date of this Act, notwithstanding the   30-day time limit provided for the court to enter an automatic order   of expunction under Section 1a(a-3), Article 55.02, Code of   Criminal Procedure, as added by this Act, the court may, with the   consent of [Text truncated for display. 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