H.B. No. 463 proposes significant amendments to the Texas Code of Criminal Procedure, focusing on pretrial hearings for defendants charged with controlled substance offenses and the expunction of related records. The bill introduces a new provision allowing defendants to request a pretrial hearing to determine the presence of a controlled substance in a suspected substance. If the court finds no controlled substance, it must dismiss the charge with prejudice. Additionally, the bill outlines the responsibilities of the state attorney to provide necessary laboratory analysis during these hearings and establishes a timeline for issuing expunction orders when applicable.
The bill also expands eligibility for expunction of records related to controlled substance offenses, allowing individuals to expunge records if they are currently charged with, convicted of, or placed on deferred adjudication for specific offenses, contingent upon laboratory analysis showing no presence of a controlled substance. It includes provisions for waiving fees associated with expunction for certain individuals, ensuring access to expunction without financial burden. Furthermore, the bill amends Article 55A.007 to allow expunction regardless of when the offense occurred and clarifies that expunction applies only to charges dismissed or arrests made on or after the effective date of the Act. Courts are required to enter expunction orders promptly for eligible individuals, overriding the usual 30-day limit. The provisions of this Act will take effect on September 1, 2025.