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.