HBA-NMO H.B. 2183 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2183 By: Dutton Criminal Jurisprudence 4/25/1999 Introduced BACKGROUND AND PURPOSE Article 55.01(a), Code of Criminal Procedure, entitles a person who has been arrested for the commission of a felony or misdemeanor to have all records and files relating to the arrest expunged if the court acquits the person; the governor pardons the person; or the state does not present or dismisses felony charges against the person, the felony charge does not result in a final conviction, and the state has not convicted the person of a felony in the five years preceding the date of arrest. The law further authorizes such a person to file a petition for expunction in the appropriate district court, and requires the court to set a hearing on the matter. H.B. 2183 amends Article 55.01(a), Code of Criminal Procedure, to entitle a person to who has been arrested for the commission of a felony or misdemeanor to have all records and files relating to an arrest expunged if the state does not present or dismisses charges against the person, in addition to acquittal and pardon. This bill further requires the trial court to enter an order of expunction for a person entitled to expunction because the person was acquitted or pardoned, or the offense was dismissed. 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)(2), Code of Criminal Procedure, to entitle a person who has been arrested for commission of either a felony or misdemeanor to have all records and files relating to the arrest expunged if either, rather than each, of the following conditions exist: _a complaint, in addition to an indictment, or other information charging the person with commission of the offense, rather than felony, has not been presented against the person for an offense arising out of a transaction for which the person was arrested, specifying before the second anniversary of the date of the arrest; or _if a complaint, in addition to an indictment, or other information charging the person with commission of an offense, rather than a felony, was presented, it has been dismissed. Deletes language that describes reasons for dismissal. Deletes provision that conditions entitlement to expunction on the fact that the person has not been convicted of a felony in the five years preceding the date of arrest SECTION 2. Amends Article 55.02, Code of Criminal Procedure, as follows: ARTICLE. 55.02. PROCEDURE FOR EXPUNCTION Sec. 1. (a) Requires the trial court to enter an order of expunction for a person entitled to expunction because the person was acquitted or pardoned, or the offense was dismissed, rather than authorizing that person to file an ex parte petition for expunction. (b) Requires the attorney representing the state whose office would have prosecuted the offense to bring a motion for expunction for a person who was arrested but against whom no indictment, complaint, or information was filed before the second anniversary of the date of the arrest. Requires the trial court, on filing of the motion, to enter an order of expunction for the person. Deletes language regarding verification of the petition. Sec. 2. Requires the court to enter the order of expunction not later than the 30th day after the date of acquittal, pardon, dismissal, or filing of the motion by the attorney representing the state. Requires the court to include in the order a listing of each official, agency, or other entity of this state or a political subdivision of this state that there is reason to believe has any records or files that are subject to the order. Makes conforming changes. Sec. 3. Makes conforming changes. Sec. 4. Makes conforming changes. Sec. 5. Makes conforming changes. SECTION 3. Amends Article 55.03, Code of Criminal Procedure, to make conforming changes. SECTION 4. Amends Article 55.06, Code of Criminal Procedure, to make conforming changes. SECTION 5. Repealer: Articles 55.05 (Notice of Right to Expunction) and 102.006 (Fees in Expunction Proceedings), Code of Criminal Procedure. SECTION 6. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 7. Emergency clause.