HBA-KMH H.B. 3139 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3139
By: Naishtat
Criminal Jurisprudence
4/17/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a person who is entitled to expunction of records must
file a petition in the district court in the county in which he was
arrested, irrespective of where the warrant was issued or where the records
are located. 

H.B. 3139 authorizes a person to file a petition for expunction in either
the jurisdiction where the arrest was made or where the warrant was issued. 

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 Section 1(a), Article 55.02, Code of Criminal Procedure,
to modify permissive venue for filing an expunction by providing that the
petition may be filed in the court in which the person was arrested,
without regard to whether the person was arrested under a warrant of
arrest, or the warrant of arrest was issued if the person was arrested
under a warrant. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.