82nd Texas Legislature, Regular Session, House Bill 351, Chapter 690 Page: 9 of 11
11 p.View a full description of this legislative document.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27(a) Except as provided by Subsections (f) and (g), on
9
H.B. No. 351
(b), or (c), but without the certification of the prosecuting
attorney as described by Article 55.01(a) (2) (A)(i) (d) .
(a-2) In the case of a person who is the subject of an
expunction order on the basis of an acquittal, the court may provide
in the expunction order that the law enforcement agency and the
prosecuting attorney retain records and files if:
(1) the records and files are necessary to conduct a
subsequent investigation and prosecution of a person other than the
person who is the subject of the expunction order; or
(2) the state establishes that the records and files
are necessary for use in:
(A) another criminal case, including a
prosecution, motion to adjudicate or revoke community supervision,
parole revocation hearing, mandatory supervision revocation
hearing, punishment hearing, or bond hearing; or
(B) a civil case, including a civil suit or suit
for possession of or access to a child.
(b) Unless the person who is the subject of the expunction
order is again arrested for or charged with an offense arising out
of the transaction for which the person was arrested or unless the
court provides for the retention of records and files under
Subsection (a-i) or (a-2) [-(a) of thic ction] , the provisions of
Articles 55.03 and 55.04 [of thice cde] apply to files and records
retained under this section.
SECTION 6. Section 5(a), Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
Upcoming Pages
Here’s what’s next.
Search Inside
This document can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Legislative Document.
Texas. Legislature. House of Representatives. 82nd Texas Legislature, Regular Session, House Bill 351, Chapter 690, legislative document, June 17, 2011; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth311518/m1/9/?rotate=270: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.