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.