HBA-KMH H.B. 1791 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1791 By: Shields Criminal Jurisprudence 3/8/1999 Introduced BACKGROUND AND PURPOSE Current law allows for expunction of criminal records if there is no presentment of indictment, the indictment is dismissed, the defendant is acquitted, or the defendant is convicted but later pardoned. H.B. 1791 adds a provision allowing expunction if a person is indicted but the indictment is quashed and the limitations period expires without re-indictment. 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(a), Code of Criminal Procedure, to entitle a person to an expunction of the person's records if the indictment or information charging the person was dismissed or quashed and the limitations period expired before the date on which a petition for expunction was filed under Article 55.02 (Procedure for Expunction), Code of Criminal Procedure, or if the court finds that it was dismissed or quashed under certain existing provisions. Removes the right to an expunction of the person's records if the person has been released on a conditional discharge under Section 481.109, Health and Safety Code. Section 481.109, Health and Safety Code, does not currently exist. Makes conforming and nonsubstantive changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Emergency clause. Effective date: upon passage.