HBA-NLM, KMH H.B. 556 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 556
By: Hunter
Criminal Jurisprudence
4/23/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a district court may expunge all records and files
relating to persons arrested for commission of a felony or misdemeanor, if
the person is tried for the offense for which the person was arrested,
convicted of the offense, and acquitted by the court of criminal appeals.
However,  a district court does not have the authority to seek an
expunction of arrest records and files of persons convicted of an offense
and placed on community supervision. H.B. 556 authorizes a district court
to expunge the records of a person who had been convicted of an offense and
placed on community supervision, if the conviction was later set aside. 

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 Article 55.01(b), Code of Criminal Procedure, by
authorizing a district court to expunge the records of a person who had
been convicted of an offense and placed on community supervision, if the
person was released and the conviction was set aside in accordance with
Section 20 (Reduction or Termination of Community Supervision), Article
42.12, Code of Criminal Procedure. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.