87R19608 JRR-D     By: Collier H.B. No. 859     Substitute the following for H.B. No. 859:     By:  A. Johnson of Harris C.S.H.B. No. 859       A BILL TO BE ENTITLED   AN ACT   relating to the expunction of all records and files related to   arrests for certain decriminalized misdemeanor offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 55, Code of Criminal Procedure, is   amended by adding Article 55.012 to read as follows:          Art. 55.012.  EXPUNCTION OF CERTAIN DECRIMINALIZED   MISDEMEANOR OFFENSES. (a) A person who has been placed under a   custodial or noncustodial arrest for an offense is entitled to the   expunction of all records and files related to the arrest,   including, as applicable, any records and files related to a   conviction of the offense, if:                (1)  the person is convicted of or placed on deferred   adjudication community supervision under Subchapter C, Chapter   42A, for the offense for which the person was arrested;                (2)  the offense for which the person was arrested was a   misdemeanor offense and the conduct that was the subject of the   offense as applied to the person has been statutorily   decriminalized subsequent to the date of the commission of the   offense; and                (3)  as applicable:                      (A)  the person's sentence, including any term of   confinement or period of community supervision imposed and payment   of all fines and costs imposed, is finally discharged; or                      (B)  the person received a discharge and dismissal   under Article 42A.111, Code of Criminal Procedure, for the offense.          (b)  The person must submit an ex parte petition for   expunction to the court that convicted the person or placed the   person on deferred adjudication community supervision. The   petition must be verified and must contain the information   described by Section 2(b), Article 55.02.          (c)  At a hearing held on a petition for expunction under   this article, the court may require the petitioner to demonstrate   that the offense that is the subject of the petition qualifies as a   statutorily decriminalized offense under current law. The   demonstration may include an affidavit signed by the petitioner   attesting to the fact that the offense that is the subject of the   petition qualifies as a statutorily decriminalized offense under   current law.          (d)  If the court finds that the petitioner is entitled to   expunction of the records and files that are the subject of the   petition, the court shall enter an order directing expunction in a   manner consistent with the procedures described by Section 1a,   Article 55.02.          (e)  Notwithstanding any other law, the law enforcement   agency, the prosecuting attorney responsible for investigating the   offense, and the clerk of the applicable court may retain the   records and files relating to the arrest for the offense, including   any records and files related to a conviction of the offense, to be   used only:                (1)  for the investigation or prosecution of another   offense arising out of the same transaction for which the person was   arrested; or                (2)  by the office of the governor in determining   whether to issue a pardon or commute a sentence.          (f)  The records and files for which an order of expunction   has been issued under this article are not open for inspection by   anyone, except that the records and files are open for inspection by   the person who is the subject of the order or for the purposes   described by Subsection (e).          SECTION 2.  Section 109.005(a), Business & Commerce Code, is   amended to read as follows:          (a)  A business entity may not publish any criminal record   information in the business entity's possession with respect to   which the business entity has knowledge or has received notice   that:                (1)  an order of expunction has been issued under   Chapter 55 [Article 55.02], Code of Criminal Procedure; or                (2)  an order of nondisclosure of criminal history   record information has been issued under Subchapter E-1, Chapter   411, Government Code.          SECTION 3.  Article 55.011(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  A close relative of a deceased person who, if not   deceased, would be entitled to expunction of records and files   under this chapter [Article 55.01] may file on behalf of the   deceased person an ex parte petition for expunction under Section 2   or 2a, Article 55.02, or Article 55.012, as applicable. If the   court finds that the deceased person would be entitled to   expunction of any record or file that is the subject of the   petition, the court shall enter an order directing expunction.          SECTION 4.  Article 102.006(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  The fees under Subsection (a) or the fee under   Subsection (a-1), as applicable, shall be waived if:                (1)  the petitioner seeks expunction of a criminal   record that relates to an arrest for an offense of which the person   was acquitted, other than an acquittal for an offense described by   Article 55.01(c), and the petition for expunction is filed not   later than the 30th day after the date of the acquittal; or                (2)  the petitioner is entitled to expunction under   Article 55.012.          SECTION 5.  Section 411.0835, Government Code, is amended to   read as follows:          Sec. 411.0835.  PROHIBITION AGAINST DISSEMINATION TO   CERTAIN PRIVATE ENTITIES. If the department receives information   indicating that a private entity that purchases criminal history   record information from the department has been found by a court to   have committed three or more violations of Section 552.1425 by   compiling or disseminating information with respect to which an   order of expunction has been issued under Chapter 55 [Article   55.02], Code of Criminal Procedure, or an order of nondisclosure of   criminal history record information has been issued under   Subchapter E-1, the department may not release any criminal history   record information to that entity until the first anniversary of   the date of the most recent violation.          SECTION 6.  Section 411.0851(a), Government Code, is amended   to read as follows:          (a)  A private entity that compiles and disseminates for   compensation criminal history record information shall destroy and   may not disseminate any information in the possession of the entity   with respect to which the entity has received notice that:                (1)  an order of expunction has been issued under   Chapter 55 [Article 55.02], Code of Criminal Procedure; or                (2)  an order of nondisclosure of criminal history   record information has been issued under Subchapter E-1.          SECTION 7.  Section 411.151(b), Government Code, is amended   to read as follows:          (b)  A person may petition for the expunction of a DNA record   under the procedures established under Article 55.02, Code of   Criminal Procedure, if the person is entitled to the expunction of   records relating to the offense to which the DNA record is related   under Chapter 55 [Article 55.01], Code of Criminal Procedure.          SECTION 8.  Section 552.1425(a), Government Code, is amended   to read as follows:          (a)  A private entity that compiles and disseminates for   compensation criminal history record information may not compile or   disseminate information with respect to which the entity has   received notice that:                (1)  an order of expunction has been issued under   Chapter 55 [Article 55.02], Code of Criminal Procedure; or                (2)  an order of nondisclosure of criminal history   record information has been issued under Subchapter E-1, Chapter   411.          SECTION 9.  This Act applies to an expunction of arrest   records and files relating to any misdemeanor offense that was   committed before, on, or after the effective date of this Act.          SECTION 10.  This Act takes effect September 1, 2021.