BILL ANALYSIS

H.B. 2417

By: Campos

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current state law sets out eligibility requirements for certain wrongfully imprisoned persons for compensation and for the expunction of arrest records and files in the case but the bill author has informed the committee that there are limits on who can get compensated from the state, even if a district attorney recommends expunction and expunction is granted. The bill author has informed the committee that loopholes exist in the law allowing wrongfully imprisoned persons  to not receive rightful compensation. H.B. 2417 seeks to include a person who has had all records and files relating to the person's arrest for a crime expunged under the bill's provisions among those who, if they have served in whole or in part a sentence in prison under state law, are entitled to compensation.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2417 amends the Code of Criminal Procedure to authorize a district court, except as provided by statutory provisions relating to conviction or potential prosecution arising from the same criminal episode, to expunge all records and files relating to the arrest of a person under the following conditions:

· the person is tried for the offense for which the person was arrested and convicted of the offense;

· the conviction is reversed on any grounds by the court of criminal appeals or, if the period for granting a petition for discretionary review has expired, by a court of appeals; and

· the office of the attorney representing the state that prosecuted the offense for which the person was arrested recommends the expunction to the court.

These provisions apply to the expunction of arrest records and files for any criminal offense that occurred before, on, or after the bill's effective date.

H.B. 2417 amends the Civil Practice and Remedies Code to include a person who has had all records and files relating to the person's arrest for a crime expunged under the bill's provisions among those who, if they have served in whole or in part a sentence in prison under state law, are entitled to compensation. The bill authorizes a person who meets these criteria and who has not received compensation under provisions relating to compensation to persons who are wrongfully imprisoned before the bill's effective date to file an application for compensation under those provisions not later than the third anniversary of the bill's effective date.

EFFECTIVE DATE

September 1, 2025.