ACM H.B. 2969 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 2969
By: Shields
5-1-97
Committee Report (Unamended)



BACKGROUND 

Under current law, when a person is arrested for a crime, an indictment or
information must be filed charging that person with a crime.  If it is
found that there is no probable cause, the trial court can dismiss the
case.  Under these circumstances, a person can get an expunction of the
arrest record and other related files.  However, if the indictment or
information is quashed due to non-prosecution or lack of probable cause,
there is no provision to expunge the records relating to the arrest. 

PURPOSE

HB 2969, as proposed, would allow the expunction of criminal records after
an indictment or information is quashed. 

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. Amends Article 55.01(a), Code of Criminal Procedure, to provide
for expunction of records if an indictment or information has been
quashed, and the limitations period has expired. 

SECTION 2.  The change in law made by  this Act applies to arrest records
and files created before, on, or after the effective date. 

SECTION 3. Emergency Clause.  Effective upon passage.