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AN ACT
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relating to a right of a close relative to seek expunction of arrest |
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records and files on behalf of a deceased person. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Chapter 55, Code of Criminal Procedure, is |
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amended by adding Article 55.011 to read as follows: |
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�������Art.�55.011.��RIGHT OF CLOSE RELATIVE TO SEEK EXPUNCTION ON |
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BEHALF OF DECEASED PERSON. �(a) �In this article, "close relative of |
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a deceased person" means the grandparent, parent, spouse, or adult |
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brother, sister, or child of a deceased person. |
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�������(b)��A close relative of a deceased person who, if not |
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deceased, would be entitled to expunction of records and files |
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under Article 55.01 may file on behalf of the deceased person an ex |
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parte petition for expunction under Section 2 or 2a, Article 55.02. � |
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If the court finds that the deceased person would be entitled to |
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expunction of any record or file that is the subject of the |
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petition, the court shall enter an order directing expunction. |
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�������SECTION�2.��This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution.��If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 2002 was passed by the House on May |
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13, 2009, by the following vote:��Yeas 146, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 2002 was passed by the Senate on May |
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27, 2009, by the following vote:��Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate���� |
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APPROVED:��_____________________ |
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�������������������Date���������� |
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����������_____________________ |
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�����������������Governor������� |