88R9577 JRR-D     By: Herrero H.B. No. 3260       A BILL TO BE ENTITLED   AN ACT   relating to the expunction of arrest records and files by a   statutory county court.          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 (b) and adding Subsection (b-2) to   read as follows:          (b)  Except as provided by Subsection (c) and subject to   Subsections [Subsection] (b-1) and (b-2), a district court, a   statutory county court, a justice court, or a municipal court of   record may expunge all records and files relating to the arrest of a   person under the procedure established under Article 55.02 if:                (1)  the person is:                      (A)  tried for the offense for which the person   was arrested;                      (B)  convicted of the offense; and                      (C)  acquitted by the court of criminal appeals   or, if the period for granting a petition for discretionary review   has expired, by a court of appeals; or                (2)  an office of the attorney representing the state   authorized by law to prosecute the offense for which the person was   arrested recommends the expunction to the court before the person   is tried for the offense, regardless of whether an indictment or   information has been presented against the person in relation to   the offense.          (b-2)  A statutory county court may only expunge records and   files under Subsection (b) that relate to the arrest of a person for   an offense that is subject to the jurisdiction of a statutory county   court.          SECTION 2.  Section 1, Article 55.02, Code of Criminal   Procedure, is amended to read as follows:          Sec. 1.  At the request of the acquitted person and after   notice to the state, or at the request of the attorney for the state   with the consent of the acquitted person, the trial court presiding   over the case in which the person was acquitted, if the trial court   is a district court, a statutory county court, a justice court, or a   municipal court of record, or a district court in the county in   which the trial court is located shall enter an order of expunction   for a person entitled to expunction under Article 55.01(a)(1)(A)   not later than the 30th day after the date of the acquittal. On   acquittal, the trial court shall advise the acquitted person of the   right to expunction. The party requesting the order of expunction   shall provide to the court all of the information required in a   petition for expunction under Section 2(b). The attorney for the   acquitted person in the case in which the person was acquitted, if   the person was represented by counsel, or the attorney for the   state, if the person was not represented by counsel or if the   attorney for the state requested the order of expunction, shall   prepare the order for the court's signature.          SECTION 3.  Section 1a(a), Article 55.02, Code of Criminal   Procedure, is amended to read as follows:          (a)  The trial court presiding over a case in which a person   is convicted and subsequently granted relief or pardoned on the   basis of actual innocence of the offense of which the person was   convicted, if the trial court is a district court, a statutory   county court, a justice court, or a municipal court of record, or a   district court in the county in which the trial court is located   shall enter an order of expunction for a person entitled to   expunction under Article 55.01(a)(1)(B)(ii) not later than the 30th   day after the date the court receives notice of the pardon or other   grant of relief. The person shall provide to the court all of the   information required in a petition for expunction under Section   2(b).          SECTION 4.  Section 2, Article 55.02, Code of Criminal   Procedure, is amended by adding Subsection (a-2) and amending   Subsection (b) to read as follows:          (a-2)  If the arrest for which expunction is sought is for an   offense that is subject to the jurisdiction of a statutory county   court, a person who is entitled to expunction of records and files   under Article 55.01(a)(1)(A) or a person who is eligible for   expunction of records and files under Article 55.01(b) may file an   ex parte petition for expunction in a statutory county court in the   county in which:                (1)  the petitioner was arrested; or                (2)  the offense was alleged to have occurred.          (b)  A petition filed under Subsection (a), [or] (a-1), or   (a-2) must be verified and must include the following or an   explanation for why one or more of the following is not included:                (1)  the petitioner'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 against the petitioner;                (3)  the date the offense charged against the   petitioner was alleged to have been committed;                (4)  the date the petitioner was arrested;                (5)  the name of the county where the petitioner was   arrested and if the arrest occurred in a municipality, the name of   the municipality;                (6)  the name of the agency that arrested the   petitioner;                (7)  the case number and court of offense; and                (8)  together with the applicable physical or e-mail   addresses, a list of all:                      (A)  law enforcement agencies, jails or other   detention facilities, magistrates, courts, prosecuting attorneys,   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 petitioner 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 petitioner has reason to believe have information related   to records or files that are subject to expunction.          SECTION 5.  Article 102.006(a-1), Code of Criminal   Procedure, is amended to read as follows:          (a-1)  In addition to any other fees required by other law   and except as provided by Subsection (b), a petitioner seeking   expunction of a criminal record in a statutory county court, a   justice court, or a municipal court of record under Chapter 55 shall   pay a fee of $100 for filing an ex parte petition for expunction to   defray the cost of notifying state agencies of orders of expunction   under that chapter.          SECTION 6.  Section 25.0003, Government Code, is amended by   adding Subsection (g) to read as follows:          (g)  A statutory county court has concurrent jurisdiction   with a district court over expunction proceedings relating to the   arrest of a person for an offense that is subject to the   jurisdiction of a statutory county court.          SECTION 7.  The change in law made by this Act applies to the   expunction of arrest records and files for any criminal offense   that occurred before, on, or after the effective date of this Act.          SECTION 8.  This Act takes effect September 1, 2023.