88R7654 JCG-F     By: Johnson S.B. No. 686       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.  Sections 1a(a-1) and (a-2), Article 55.02, Code   of Criminal Procedure, are redesignated as Section 1b, Article   55.02, Code of Criminal Procedure, and amended to read as follows:          Sec. 1b.  (a) [(a-1)] A trial court dismissing a case   following a person's successful completion of a veterans treatment   court program created under Chapter 124, Government Code, or former   law, if the trial court 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 order of   expunction for a person entitled to expunction under Article   55.01(a)(2)(A)(ii)(a) 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.]          (b) [(a-2)]  A trial court dismissing a case following a   person's successful completion of a mental health court program   created under Chapter 125, Government Code, or former law, if the   trial court 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 order of expunction   for a person entitled to expunction under Article   55.01(a)(2)(A)(ii)(b) 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 2.  Section 1b, Article 55.02, Code of Criminal   Procedure, as added by this Act, is amended by adding Subsections   (c), (d), and (e) to read as follows:          (c)  This subsection applies only to a pretrial intervention   program authorized under Section 76.011, Government Code, other   than a program described by Subsection (a) or (b) of this section.   A trial court dismissing a case following a person's successful   completion of a program to which this subsection applies, if the   trial court dismissing the case is a district court, 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)(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.          (d)  The person for whom a court is required to enter an order   of expunction under Subsection (a), (b), or (c), as applicable,   shall provide to the attorney representing the state all of the   information required in a petition for expunction under Section   2(b).  The attorney representing the state shall prepare an   expunction order under this section for the court's signature.          (e)  Notwithstanding any other law, a court that enters an   order for expunction under this section may not charge any fee or   assess any cost for the expunction.          SECTION 3.  Section 5, Article 55.02, Code of Criminal   Procedure, is amended by adding Subsection (h) to read as follows:          (h)  Notwithstanding any other provision of this section, 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   55.01(a)(2)(A)(ii)(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 4.  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 pretrial intervention program   authorized under Section 76.011, Government Code.          SECTION 5.  (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   55.01(a)(2)(A)(ii)(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 Section 1b, Article   55.02, Code of Criminal Procedure, as added 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 6.  This Act takes effect September 1, 2023.