bill speeding expunctions after court programs

The text as introduced · 1,848 words

89R1420 JCG-F

By: Johnson
S.B. No. 537

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for the expunction of arrest records and

files for persons who complete certain court programs or pretrial

intervention programs.

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); or

(2) receives the information regarding the dismissal.

(d) The person for whom a court is required to enter an order

of expunction 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. 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 3. 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 4. 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 5. 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 6. 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 7. 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.053(a)(2)(A) after successful

completion of a veterans treatment court program created under

Chapter 124, Government Code, or former law; [ or ]

(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

(3) under Article 55A.053(a)(2)(C) after successful

completion of a pretrial intervention program authorized under

Section 76.011, Government Code .

SECTION 8. 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 9. 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 .

(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(b), Code of Criminal Procedure; or ]

(2) if that trial court is not a district court, for

purposes of Article 55A.203(b), 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(b), Code of Criminal

Procedure ].

SECTION 10. (a) Except as provided by Subsection (b) of

this section and subject to Subsection (c) of this section, this Act

applies, regardless of when the underlying arrest occurred, to the

expunction of arrest records and files for a person who

successfully completes any of the following programs before, on, or

after the effective date of this Act:

(1) a veterans treatment court program under Chapter

124, Government Code, or former law;

(2) a mental health court program under Chapter 125,

Government Code, or former law; or

(3) a pretrial intervention program authorized under

Section 76.011, Government Code.

(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

55A.053(a)(2)(A), (B), or (C), Code of Criminal Procedure, based on

a successful completion of a program described by Subsection (a) of

this section 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 Article 55A.203, Code of Criminal

Procedure, as amended by this Act, the court shall enter the

required order of expunction for the person as soon as practicable

after the court receives written notice from any party to the case

about the person's entitlement to the expunction.

SECTION 11. This Act takes effect September 1, 2025.