88R12086 JSC-D
 
  By: Moody, Dutton, Geren, Anch a, Cain, H.B. No. 218
      et al.
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the criminal and licensing consequences of certain
offenses relating to the possession of marihuana, certain
tetrahydrocannabinols, certain synthetic cannabinoids, and drug
paraphernalia; imposing a fee.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Article 14.06, Code of Criminal Procedure, is
amended by adding Subsections (b-1) and (b-2) and amending
Subsection (d) to read as follows:
       (b-1)  A peace officer who is charging a person with
committing an offense under Section 481.1161(b)(1), 481.121(b)(1),
or 481.125(a), Health and Safety Code, may not arrest the person and
shall issue the person a citation as provided by Subsection (b).
       (b-2)  Subsection (b-1) does not apply to an officer making
an arrest for an offense other than an offense under Section
481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety
Code.
       (d)  Subsection (c) applies only to a person charged with
committing an offense under:
             (1)  Section 481.121, Health and Safety Code, if the
offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
that section;
             (1-a)  Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
that section;
             (2)  Section 28.03, Penal Code, if the offense is
punishable under Subsection (b)(2) of that section;
             (3)  Section 28.08, Penal Code, if the offense is
punishable under Subsection (b)(2) or (3) of that section;
             (4)  Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
             (5)  Section 31.04, Penal Code, if the offense is
punishable under Subsection (e)(2) of that section;
             (6)  Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
             (7)  Section 521.457, Transportation Code.
       SECTION 2.  Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.02161 to read as
follows:
       Art. 45.02161.  EXPUNCTION OF CERTAIN RECORDS. (a) This
article applies only to a person charged with an offense under
Section 481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and
Safety Code.
       (b)  Records of a person relating to a complaint may be
expunged under this article if:
             (1)  the complaint was dismissed under Article 45.051
or 45.052 or other law and:
                   (A)  at least 180 days have elapsed from the date
of the dismissal; or
                   (B)  at least one year has elapsed from the date of
the citation; or
             (2)  the person was acquitted of the offense.
       (c)  The person must make a written request to have the
records expunged. The request must be under oath.
       (d)  The court shall order all complaints, verdicts,
sentences, and prosecutorial and law enforcement records and any
other documents relating to the offense expunged from the person's
record if the court finds that the person satisfies the
requirements of this article.
       (e)  The justice or municipal court shall require a person
who requests expungement under this article to pay a fee in the
amount of $30 to defray the cost of notifying state agencies of
orders of expungement under this article.
       (f)  The procedures for expunction provided under this
article are separate and distinct from the expunction procedures
under Chapter 55.
       SECTION 3.  Article 45.051, Code of Criminal Procedure, is
amended by adding Subsections (a-2) and (e-1) to read as follows:
       (a-2)  Unless the defendant has previously received a
deferral of disposition for an offense under Section
481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety
Code, committed within the 12-month period preceding the da

Statutes affected:
Introduced: Health and Safety Code 481.121, Government Code 411.0728, Transportation Code 521.371, Health and Safety Code 481.002, Health and Safety Code 481.103, Health and Safety Code 481.106, Health and Safety Code 481.113, Health and Safety Code 481.1161, Health and Safety Code 481.122, Occupations Code 551.003, Health and Safety Code 481.115, Health and Safety Code 481.119, Health and Safety Code 481.125 (Transportation Code 521, Government Code 411, Health and Safety Code 481, Occupations Code 551)
House Committee Report: Government Code 411.0728, Health and Safety Code 481.002, Health and Safety Code 481.103, Health and Safety Code 481.106, Health and Safety Code 481.113, Health and Safety Code 481.115, Health and Safety Code 481.1151, Health and Safety Code 481.116, Health and Safety Code 481.1161, Health and Safety Code 481.117, Health and Safety Code 481.118, Health and Safety Code 481.119, Health and Safety Code 481.121, Health and Safety Code 481.122, Health and Safety Code 481.124, Health and Safety Code 481.125, Health and Safety Code 481.134, Health and Safety Code 483.041, Health and Safety Code 485.031, Occupations Code 551.003, Transportation Code 521.371 (Transportation Code 521, Government Code 411, Occupations Code 551, Health and Safety Code 481, Health and Safety Code 483, Health and Safety Code 485)
Engrossed: Government Code 411.0728, Health and Safety Code 481.002, Health and Safety Code 481.103, Health and Safety Code 481.106, Health and Safety Code 481.113, Health and Safety Code 481.115, Health and Safety Code 481.1151, Health and Safety Code 481.116, Health and Safety Code 481.1161, Health and Safety Code 481.117, Health and Safety Code 481.118, Health and Safety Code 481.119, Health and Safety Code 481.121, Health and Safety Code 481.122, Health and Safety Code 481.124, Health and Safety Code 481.125, Health and Safety Code 481.134, Health and Safety Code 483.041, Health and Safety Code 485.0