BILL ANALYSIS H.B. 2730 By: Place 4-12-95 Committee Report (Unamended) BACKGROUND Current law allows a person who has been arrested to have all records and files relating to the arrest expunged under certain circumstances: acquittal, pardon, or dismissal of charges. PURPOSE If enacted, H.B. 2730 would allow for expunction of arrest records and files if the charges against the person are dismissed by the court, and he has been released with no final conviction, and there was no court ordered community 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. SECTION BY SECTION ANALYSIS SECTION 1. Article 55.01(a), Code of Criminal Procedure, is amended to state that arrest records can be expunged if the court dismisses the charges and does not order community supervision under Article 42.12, Code of Criminal Procedure. This section also removes the stipulation of no conditional discharge under Sec. 481.109, Health & Safety Code, and no felony conviction within the previous five years. SECTION 2. Applies to defendant seeking expunction of records whether the offense was committed before, on, or after the effective date of the act. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause. SUMMARY OF COMMITTEE ACTION HB 2730 was considered by the full committee in a public hearing on April 3, 1995. The following person testified in favor of the bill: David Guinn, representing Texas Criminal Defense Lawyers Association. The following person testified against the bill: Bill Lewis, representing Mothers Against Drunk Driving. The following person testified on the bill: Lon Curtis, representing Texas District and County Attorneys Association. HB 2730 was left pending in committee. HB 2730 was considered by the full committee in a formal meeting on April 12, 1995. HB 2730 was reported favorably without amendment, with the recommendation that it do pass and be printed by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.