HB2617 - Relating to the procedures for the expunction of arrest records and files for certain persons.

  89R21583 JCG-F     By: Anchía H.B. No. 2617     Substitute the following for H.B. No. 2617:     By:  Wu C.S.H.B. No. 2617       A BILL TO BE ENTITLED   AN ACT   relating to the procedures for the expunction of arrest records and   files for certain persons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 55A.203, Code of Criminal Procedure, is   amended by amending Subsections (a) and (b) and adding Subsections   (b-1) and (d) to read as follows:          (a)  A trial court that is a district court or a district   court in the county in which the trial court is located shall [ may,   with the consent of the attorney representing the state, ] enter an   expunction order for a person entitled to expunction under Article   55A.053(a)(2)(A) not later than the 30th day after the date the   court, as applicable:                (1)  dismisses the case following the person's   successful completion of a veterans treatment court program created   under Chapter 124, Government Code, or former law; or                (2)  receives the information regarding the dismissal.          (b)  A trial court that is a district court or a district   court in the county in which the trial court is located shall [ may,   with the consent of the attorney representing the state, ] enter an   expunction order for a person entitled to expunction under Article   55A.053(a)(2)(B) not later than the 30th day after the date the   court, as applicable:                (1)  dismisses the case following the person's   successful completion of a mental health court program created   under Chapter 125, Government Code, or former law; or                (2)  receives the information regarding the dismissal.           (b-1)     A trial court that is a district court or a district   court in the county in which the trial court is located shall enter   an expunction order for a person entitled to expunction under   Article 55A.053(a)(2)(C) not later than the 30th day after the date   the court, as applicable:                   (1)     dismisses the case following the person's   successful completion of a pretrial intervention program   authorized under Section 76.011, Government Code, other than a   program described by Subsection (a)(1) or (b)(1) of this section;   or                 (2)  receives the information regarding the dismissal.           (d)     The person for whom a court is required to enter an   expunction order under Subsection (a), (b), or (b-1), as   applicable, shall provide to the attorney representing the state   all of the information required in a petition for expunction under   Article 55A.253 and any affidavit required under Article 55A.053(b)   or (c). The attorney representing the state shall prepare an   expunction order under this article for the court's signature.          SECTION 2.  Subchapter E, Chapter 55A, Code of Criminal   Procedure, is amended by adding Article 55A.2035 to read as   follows:           Art.   55A.2035.     ATTORNEY REPRESENTING STATE CERTIFIES   RECORDS AND FILES NOT NEEDED. (a) A trial court that is a district   court or a district court in the county in which the trial court is   located shall enter an expunction order for a person entitled to   expunction under Article 55A.052(a)(4) not later than the 30th day   after the date the court receives the certification described by   that subdivision.           (b)     The attorney representing the state who certified under   Article 55A.052(a)(4) that the applicable arrest records and files   are not needed for use in any criminal investigation or prosecution   shall prepare an expunction order under this article for the   court's signature.   The person for whom a court is required to enter   an expunction order under Subsection (a) shall provide to the   attorney representing the state all of the information required in   a petition for expunction under Article 55A.253.           (c)     Notwithstanding any other law, a court that enters an   expunction order under this article may not charge any fee or assess   any cost for the expunction.          SECTION 3.  Article 55A.204, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.204.  DUTIES OF ATTORNEY REPRESENTING STATE   REGARDING EXPUNCTION ORDER BASED ON ACTUAL INNOCENCE . The attorney   representing the state shall prepare an expunction order under   Article 55A.202 [ or 55A.203 ] for the court's signature and notify   the Texas Department of Criminal Justice if the person who is the   subject of the order is in the custody of the department.          SECTION 4.  Article 55A.205, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.205.  REQUIRED CONTENT OF EXPUNCTION ORDER BASED ON   ACTUAL INNOCENCE . In an expunction order entered under Article   55A.202 [ or 55A.203 ], the court shall:                (1)  provide a listing of each official, agency, or   other entity of this state or political subdivision of this state   and each private entity that there is reason to believe has any   record or file that is subject to the order; and                (2)  require that:                      (A)  the Texas Department of Criminal Justice send   to the court any documents delivered to the department under   Section 8(a), Article 42.09; and                      (B)  the Department of Public Safety and the Texas   Department of Criminal Justice delete or redact, as appropriate,   from their public records all index references to the records and   files that are subject to the expunction order.          SECTION 5.  The heading to Article 55A.206, Code of Criminal   Procedure, is amended to read as follows:          Art. 55A.206.  REQUIRED RETENTION OF CERTAIN DOCUMENTS   COLLECTED UNDER EXPUNCTION ORDER BASED ON ACTUAL INNOCENCE [ BY   COURT ].          SECTION 6.  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 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   Article [ 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                (2)  delete from the named entity's public records all   index references to the records and files that are subject to the   expunction order.          SECTION 7.  Subchapter H, Chapter 55A, Code of Criminal   Procedure, is amended by adding Article 55A.358 to read as follows:           Art.   55A.358.     RETENTION OF RECORDS FOR DEVELOPMENT AND   OPERATION OF PRETRIAL INTERVENTION PROGRAMS. Notwithstanding   Articles 55A.353, 55A.354, 55A.355, and 55A.356, a community   supervision and corrections department established under Chapter   76, Government Code, or an office of an attorney representing the   state, in possession of records and files subject to an expunction   order based on an entitlement under Article 55A.053(a)(2)(A), (B),   or (C) may retain and use those records and files only for the   purpose of developing and operating pretrial intervention programs   in a judicial district served by the department or office.          SECTION 8.  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 55A.052(a)(4) after an attorney   representing the state certifies that the applicable arrest records   and files are not needed for use in any criminal investigation or   prosecution;                 (2)   under Article 55A.053(a)(2)(A) after successful   completion of a veterans treatment court program created under   Chapter 124, Government Code, or former law; [ or ]                 (3)  [ (2) ]  under Article 55A.053(a)(2)(B) after   successful completion of a mental health court program created   under Chapter 125, Government Code, or former law ; or                 (4)     under Article 55A.053(a)(2)(C) after successful   completion of a pretrial intervention program authorized under   Section 76.011, Government Code .          SECTION 9.  Section 124.001, Government Code, is amended by   amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  If a defendant who was arrested for or charged with, but   not convicted of or placed on deferred adjudication community   supervision for, an offense successfully completes a veterans   treatment court program, after notice to the attorney representing   the state and a hearing in the veterans treatment court at which   that court determines that a dismissal is in the best interest of   justice, the veterans treatment court shall provide to the court in   which the criminal case is pending information about the dismissal .           (c)     On receipt of the dismissal information under   Subsection (b), the [ and shall include all of the information   required about the defendant for a petition for expunction under   Article 55A.253, Code of Criminal Procedure. The ] court in which   the criminal case is pending shall :                 (1)   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 Article   55A.203(a), Code of Criminal Procedure; or ]                (2)  if that trial court is not a district court, for   purposes of Article 55A.203(a), Code of Criminal Procedure, provide   to a district court in the county in which the trial court is   located information about the dismissal [ 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 Article 55A.203(a), Code of Criminal   Procedure ].          SECTION 10.  Section 125.001, Government Code, is amended by   amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  If a defendant successfully completes a mental health   court program, after notice to the attorney representing the state   and a hearing in the mental health court at which that court   determines that a dismissal is in the best interest of justice, the   mental health court shall provide to the court in which the criminal   case is pending information about the dismissal [Text truncated for display. 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