By: Jones of Harris, Curry, Little, LaHood, H.B. No. 463       Plesa, et al.     A BILL TO BE ENTITLED   AN ACT   relating to certain pretrial hearings for defendants charged with   certain controlled substance offenses and the expunction of all   records and files related to arrests for certain controlled   substance offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1, Article 28.01, Code of Criminal   Procedure, is amended to read as follows:          Sec. 1.  The court may set any criminal case for a pre-trial   hearing before it is set for trial upon its merits, and direct the   defendant and the defendant's [his] attorney, if any of record, and   the State's attorney, to appear before the court at the time and   place stated in the court's order for a conference and hearing. The   defendant must be present at the arraignment, and the defendant's   [his] presence is required during any pre-trial proceeding. The   pre-trial hearing shall be to determine any of the following   matters:                (1)  Arraignment of the defendant, if [such be]   necessary; and appointment of counsel to represent the defendant,   if [such be] necessary;                (2)  Pleadings of the defendant;                (3)  Special pleas, if any;                (4)  Exceptions to the form or substance of the   indictment or information;                (5)  Motions for continuance either by the State or   defendant; provided that grounds for continuance not existing or   not known at the time may be presented and considered at any time   before the defendant announces ready for trial;                (6)  Motions to suppress evidence, and when [--When] a   hearing on the motion to suppress evidence is granted, the court may   determine the merits of the [said] motion on the motions   themselves, or upon opposing affidavits, or upon oral testimony,   subject to the discretion of the court;                (7)  Motions for change of venue by the State or the   defendant; provided, however, that a motion [such motions] for   change of venue, if overruled at the pre-trial hearing, may be   renewed by the State or the defendant during the voir dire   examination of the jury;                (8)  Discovery;                (9)  Entrapment; [and]                (10)  Motion for appointment of interpreter; and                (11)  Motion to determine if a suspected controlled   substance contains a controlled substance.          SECTION 2.  Chapter 28, Code of Criminal Procedure, is   amended by adding Article 28.15 to read as follows:          Art. 28.15.  PRETRIAL HEARING ON PRESENCE OF A CONTROLLED   SUBSTANCE. (a) This article applies only to a defendant who is   charged with the commission of an offense under Subchapter D,   Chapter 481, Health and Safety Code, involving the manufacture,   delivery, or possession of a controlled substance.          (b)  On the written motion of a defendant requesting a   determination that a suspected controlled substance contains a   controlled substance, the court, at a pretrial hearing described by   Article 28.01, shall:                (1)  determine whether the suspected controlled   substance contains a controlled substance; and                (2)  issue written findings of fact and conclusions of   law supporting the determination.          (c)  At a hearing under this article, the attorney   representing the state has the burden of providing a laboratory   analysis showing that the suspected controlled substance contains a   controlled substance.          (d)  The court shall dismiss the criminal charge with   prejudice if:                (1)  the laboratory analysis of the suspected   controlled substance finds no presence of a controlled substance;   or                 (2)  the attorney representing the state fails to   provide a laboratory analysis of the suspected controlled   substance.          SECTION 3.  Subchapter A, Chapter 55A, Code of Criminal   Procedure, is amended by adding Article 55A.007 to read as follows:          Art. 55A.007.  CERTAIN CONTROLLED SUBSTANCE OFFENSES. A   person to whom this subchapter applies 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 currently charged with, convicted   of, or placed on deferred adjudication community supervision under   Subchapter C, Chapter 42A, for an offense under Subchapter D,   Chapter 481, Health and Safety Code, involving the manufacture,   delivery, or possession of a controlled substance;                (2)  a laboratory analysis of the suspected controlled   substance finds no presence of a controlled substance; and                (3)  for a person who was convicted of or placed on   deferred adjudication community supervision for an offense, 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 dismissal and discharge   under Article 42A.111 for the offense.          SECTION 4.  Article 55A.053(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  A person to whom this subchapter applies is entitled to   have all records and files relating to the arrest expunged if:                (1)  an indictment or information charging the person   with the commission of a misdemeanor offense based on the person's   arrest or charging the person with the commission of any felony   offense arising out of the same transaction for which the person was   arrested, when presented at any time following the arrest, was   dismissed or quashed; and                (2)  the court finds that the indictment or information   was dismissed or quashed because:                      (A)  the person completed a veterans treatment   court program created under Chapter 124, Government Code, or former   law, subject to Subsection (b);                      (B)  the person completed a mental health court   program created under Chapter 125, Government Code, or former law,   subject to Subsection (c);                      (C)  the person completed a pretrial intervention   program authorized under Section 76.011, Government Code, other   than a program described by Paragraph (A) or (B);                      (D)  the person is charged with an offense under   Subchapter D, Chapter 481, Health and Safety Code, involving the   manufacture, delivery, or possession of a controlled substance and   a laboratory analysis of the suspected controlled substance finds   no presence of a controlled substance;                      (E)  the presentment of the indictment or   information was made because of mistake, false information, or   other similar reason indicating absence of probable cause at the   time of the dismissal to believe the person committed the offense;   or                      (F) [(E)]  the indictment or information was   void.          SECTION 5.  Subchapter E, Chapter 55A, Code of Criminal   Procedure, is amended by adding Article 55A.2035 to read as   follows:          Art. 55A.2035.  NO CONTROLLED SUBSTANCE PRESENT. (a) 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)(D) not later than the 30th day after the date the   court, as applicable:                (1)  dismisses the case following a laboratory analysis   of a suspected controlled substance that finds no presence of a   controlled substance; or                (2)  receives the information regarding the dismissal.          (b)  Notwithstanding any other law, a court that enters an   expunction order under this article may not charge any fee or assess   any cost for the expunction.          SECTION 6.  Article 55A.204, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.204.  DUTIES OF ATTORNEY REPRESENTING STATE   REGARDING EXPUNCTION ORDER.  The attorney representing the state   shall prepare an expunction order under Article 55A.202, [or]   55A.203, or 55A.2035 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 7.  Article 55A.205, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.205.  REQUIRED CONTENT OF EXPUNCTION ORDER.  In an   expunction order entered under Article 55A.202, [or] 55A.203, or   55A.2035, 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 8.  Article 55A.251, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.251.  FILING OF PETITION. (a) A person who is   entitled to expunction of records and files under Article 55A.002,   55A.004, or 55A.005 or Subchapter B, or a person who is eligible for   expunction of records and files under Article 55A.101, may, subject   to Article 55A.252, file an ex parte petition for expunction in a   district court for the county in which:                (1)  the petitioner was arrested; or                (2)  the offense was alleged to have occurred.          (b)  A person who is entitled to expunction of records and   files under Article 55A.007 may file an ex parte petition for   expunction:                (1)  if the person is currently charged with the   offense, in the district court for the county in which the person   was arrested or the offense was alleged to have occurred; or                (2)  if the person was convicted of the offense or   placed on deferred adjudication community supervision for the   offense, in the court that convicted the person or placed the person   on deferred adjudication community supervision.          SECTION 9.  Article 55A.253, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.253.  CONTENTS OF PETITION.  (a)  An ex parte   petition filed under Article 55A.251, 55A.252, or 55A.257 must be   verified and must include, with respect to the person who is the   subject of the petition, the following or an explanation for why one   or more of the following is not included:                (1)  the person'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;                (3)  the date the offense charged was alleged to have   been committed;                (4)  the date of arrest;                (5)  the name of the county of arrest and if the arrest   occurred in a municipality, the name of the municipality;                (6)  the name of the arresting agency;                (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, attorneys representing   the state, 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 person who is the subject of the petition 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 person who is the subject of the petition has reason to   believe have information related to records or files that are   subject to expunction.          (b)  In addition to the information required under   Subsection (a), an ex parte petition filed under Article 55A.251(b)   must contain a laboratory report or other evidence demonstrating   that no controlled substance was present in the suspected   controlled substance.          SECTION 10.  Article 55A.257, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.257.  DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION   ON PERSON'S BEHALF. The director of the Department of Public Safety   or the director's authorized representative may file on behalf of a   person described by Article 55A.251(a) [55A.251] or 55A.256 an ex   parte petition for expunction in a district court for the county in   which:                (1)  the person was arrested; or                (2)  the offense was alleged to have occurred.          SECTION 11.  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   Articles 55A.202, [and] 55A.203, and 55A.2035, 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 12.  Articles 102.006(b) and (b-1), Code of Criminal   Procedure, are 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 55A.151, 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 55A.007.          (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)(D).          SECTION 13.  The change in law made by this Act to Chapter   28, Code of Criminal Procedure, applies only to an offense   committed on or after the effective date of this Act.  An offense   committed before the effective date of this Act is governed by the   law in effect on the date the offense was committed, and the former   law is continued in effect for that purpose.  For purposes of this   section, an offense was committed before the effective date of this   Act if any element of the offense occurred before that date.          SECTION 14.  For a person entitled to expunction under   Article 55A.007, Code of Criminal Procedure, as added by this Act,   this Act applies to an expunction of arrest records and files   relating to an offense that was committed before, on, or after the   effective date of this Act.          SECTION 15.  (a)  Subject to Subsection (b) of this section,   for a person entitled to expunction under Article 55A.053(a)(2)(D),   Code of Criminal Procedure, as amended by this Act:                (1)  this Act applies only to the expunction of arrest   records and files related to:                      (A)  a charge for an offense that was dismissed on   or after the effective date of this Act; or                      (B)  an arrest made on or after the effective date   of this Act; and                (2)  expunction for a dismissal or arrest that occurred   before the effective date of this Act is governed by the law in   effect on the date of the dismissal or arrest, and the former law is   continued in effect for that purpose.          (b)  For a person who is entitled to expunction under Article   55A.053(a)(2)(D), Code of Criminal Procedure, as amended by this   Act, 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.2035, Code of Criminal Procedure,   as added by this Act, the court shall enter an 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 16.  The changes in law made by this Act to Article   102.006, Code of Criminal Procedure, apply to the fees charged or   costs assessed for an expunction order entered on or after the   effective date of this Act.          SECTION 17.  This Act takes effect September 1, 2025.