HBA-NMO, DMD H.B. 153 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 153
By: Nixon, Joe
Criminal Jurisprudence
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature,  state law did not authorize a court to
expunge the arrest records of a person whose name was falsely presented by
another person as their own at the time of that person's arrest.  A person
whose name was given by a defendant was required to attend all court
hearings to prove that they are not the person in question.  H.B. 153
requires the Department of Public Safety (DPS) to create a record of each
individual who signs a declaration that the individual's identity has been
used by another person without the individual's consent, and files that
declaration with DPS. This bill requires DPS, upon receiving the
declaration, to create a record of the person's identity in a
password-protected criminal history record information system maintained by
DPS.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate  any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 411, Government Code, by adding
Section 411.0421, as follows: 

Sec. 411.0421. INFORMATION REGARDING FRAUDULENT USE OF IDENTIFICATION. (a)
Requires the Department of Public Safety (DPS) to create a record of each
individual who, in conjunction with the district attorney in the county in
which the individual resides and the sheriff of that county or, if the
individual is not a resident of a county in this state, the attorney and
sheriff in a county that the individual frequents, signs a declaration that
the individual's identity has been used by another person to frustrate
proper law enforcement without the individual's consent, and files that
declaration with the department. 

(b) Specifies the information that must be included in a declaration filed
under this section. 

(c) Requires DPS, upon receiving the declaration, to create a record of the
person's identity in a password-protected criminal history record
information system maintained by the department under Subchapter F
(Criminal History Record Information), Government Code.  

SECTION 2.  Amends Chapter 60, Code of Criminal Procedure, by adding
Article 60.19, as follows: 

Art. 60.19. INFORMATION RELATED TO MISUSED IDENTITY. Requires DPS, upon
receiving the declaration under Section 411.0421, Government Code, or upon
receiving information similar to that contained in a declaration, to
separate information maintained in the computerized criminal history system
regarding an individual whose identity has been misused from information
maintained in that system regarding the person who misused the identity. 

SECTION 3.Effective date: September 1, 1999, except that DPS is not
required to begin  performing the duties imposed on the it by Section
411.0421, Government Code, and Article 60.19, Code of Criminal Procedure,
until the date on which DPS implements the requirements of the National
Crime Information Center 2000 system upgrades.  

SECTION 4.Emergency clause.