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


Senate Research Center   S.B. 840
76R5752 JMC-DBy: West
Criminal Justice
4/6/1999
As Filed


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 would establish the
automatic expunction of certain arrest records. 

PURPOSE

As proposed, 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.  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
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
trial court, in which a person entitled to expunction was convicted, to
enter an order of expunction for the person not later than the 30th day
after the date the person is pardoned.  Requires the district attorney who
would have prosecuted a person entitled to expunction to bring a motion not
later than the 30th day after the date the statute of limitations in the
prosecution expires.  Requires the trial court, upon the filing of the
motion, to enter an order of expunction not later than the 30th day after
the date of filing the motion.  Makes conforming changes.   

 Sec. 2.  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.  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. 
  
 Sec. 4.  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, rather than certain other Articles.  Deletes text
regarding the prohibition to  expunge certain records.   

SECTION 5.  Makes application of this Act prospective.

SECTION 6.  Emergency clause.
            Effective date: upon passage.