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Bill > HB463


TX HB463

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.


summary

Introduced
11/12/2024
In Committee
04/08/2025
Crossed Over
04/30/2025
Passed
Dead

Introduced Session

89th Legislature Regular Session

Bill Summary

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.

AI Summary

This bill modifies Texas criminal procedure law to provide new protections and processes for defendants charged with controlled substance offenses. Specifically, the bill creates a new pretrial hearing option for defendants to request a laboratory analysis of a suspected controlled substance, and mandates that if the analysis finds no controlled substance is present, the criminal charge must be dismissed with prejudice. The bill also establishes an expanded pathway for expunging arrest records related to controlled substance offenses where no actual controlled substance was found. Under the new provisions, individuals can have their arrest records automatically expunged if a laboratory analysis reveals no controlled substance was present, and the court is required to enter an expunction order within 30 days of case dismissal. The bill further eliminates any fees associated with such expunctions and applies to offenses committed before, on, or after the bill's effective date of September 1, 2025. These changes aim to provide additional legal protections for individuals who are arrested for drug-related offenses but ultimately found to not have possessed an actual controlled substance.

Committee Categories

Justice

Sponsors (32)

Last Action

Received from the House (on 05/01/2025)

bill text


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