SRC-JJJ S.B. 840 76(R)BILL ANALYSIS


Senate Research CenterS.B. 840
By: West
Criminal Justice
8/3/1999
Enrolled


DIGEST 

Currently, a person who has been arrested for the commission of a felony or
misdemeanor is entitled to have all records expunged provided certain
conditions and procedures are fulfilled.  S.B. 840 will establish the
automatic expunction of certain arrest records. 

PURPOSE

As enrolled, S.B. 840 establishes the automatic expunction of certain
arrest records. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 55.01(a), Code of Criminal Procedure, to
establish that a person is entitled to have all records and files expunged
relating to an arrest resulting from the commission of a felony or
misdemeanor, if an indictment or information charging the person with the
commission of the felony has not been presented before the expiration of
the statute of limitations of the offense.  Prohibits the court from
ordering the expunction of records and files relating to an arrest for an
offense for which a person is subsequently acquitted, if the offense for
which the person was acquitted arose out of a criminal episode and the
person was convicted of or remains subject to prosecution for at least one
other offense occurring during the criminal episode.  Makes conforming and
nonsubstantive changes. 

SECTION 2.  Amends Article 55.02, Code of Criminal Procedure, as follows:

Art. 55.02.  PROCEDURE FOR EXPUNCTION

Sec. 1.  Requires the trial court presiding over a case in which the
defendant was acquitted, at the request of the defendant and after notice
to the state and a hearing, to enter an order of expunction for a person
entitled to expunction not later than the 30th day after the date of the
acquittal. Requires the court, upon acquittal, to advise the defendant on
the right to expunction.  Requires the defendant to provide to the court
all of the information required in a petition for expunction.      

Sec. 2.  Authorizes a person who is entitled to expunction of records and
files to file a petition for expunction in a district court for the county
in which the person was arrested or in the county where the offense was
alleged to have occurred.  Makes conforming changes. 

Sec. 3.  Requires the trial court to require in an order of expunction
issued under this article any state agency that sent certain information
concerning the arrest to a central federal depository to return all records
to the depository.  Authorizes the person who is the subject of the
expunction order, rather than any petitioner, or an agency protesting the
expunction, to appeal the court's decision in the same manner as in other
civil cases.  Sets forth required inclusions by which the order of
expunction entered by the trial court shall have attached and incorporate
by reference a copy of the judgment of acquittal. 
  
  Sec. 4 and 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 prohibit
records relating to the suspension or revocation of a driver's license,
permit, or privilege to operate a motor vehicle from being expunged under
this chapter, except as provided in Sections 524.015 and 724.048,
Transportation Code.  Deletes text regarding the prohibition to expunge
certain records.  Makes standard recodification changes.   

SECTION 5.  Makes application of this Act prospective.

SECTION 6.  Requires the Department of Public Safety (department) to
implement the provisions of Chapter 55, Code of Criminal Procedure, as
amended by this Act, imposing duties on the department from funds made
available in the General Appropriations Act. 

SECTION 7.Emergency clause.
  Effective date: upon passage.