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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 78(R)

SENATE BILL 566  

SENATE AUTHOR: West

EFFECTIVE: 9-1-03         

HOUSE SPONSOR: Driver

Senate Bill 566 amends the Code of Criminal Procedure to require a local law enforcement agency to notify a person and the Department of Public Safety that the person's identifying information was misused by another person arrested in the county. The bill provides procedures for an identity theft victim to expunge the criminal record and requires the applicable court, upon completion and verification of an expunction application, to enter a final order directing expunction without holding a hearing on the matter. The bill requires the department to take action to ensure that the information maintained in its computerized criminal history system reflect the use of the person's identity as a stolen alias and to notify any central federal depository to destroy, obliterate, or return the criminal records. The department must also notify the Texas Department of Criminal Justice (TDCJ) that the person's identifying information may have been falsely used by an inmate in TDCJ's custody. The bill amends the Government Code to require the TDCJ to make reasonable efforts to identify an inmate's actual identity and take action to correct its records, regardless of whether the inmate is in custody, is serving supervised release, or has been discharged.