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TX HB463
Bill
Status
4/30/2025
Primary Sponsor
Jolanda Jones
Click for details
AI Summary
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Allows defendants charged with controlled substance offenses (manufacture, delivery, or possession) to file a pretrial motion requesting the court determine whether the suspected substance actually contains a controlled substance
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Requires the state to provide laboratory analysis proving the presence of a controlled substance; courts must dismiss charges with prejudice if the lab analysis finds no controlled substance or if the state fails to provide lab results
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Entitles individuals to automatic expunction of all arrest and conviction records if charged with, convicted of, or placed on deferred adjudication for a controlled substance offense where lab analysis later shows no controlled substance was present
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Courts must enter expunction orders within 30 days of dismissal at no cost to the defendant, with the state's attorney responsible for preparing the expunction order
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Applies retroactively for expunctions under the new Article 55A.007, allowing those previously convicted or charged to seek expunction if lab results show no controlled substance was present, though pretrial hearing provisions only apply to offenses committed after September 1, 2025
Legislative Description
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.
Crimes
Last Action
Received from the House
5/1/2025