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


Senate Research CenterC.S.S.B. 840
76R10215 GWK-DBy: West
Criminal Justice
4/9/1999
Committee Report (Substituted)


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.  C.S.S.B. 840 would establish the
automatic expunction of certain arrest records. 

PURPOSE

As proposed, C.S.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.  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 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.  Emergency clause.
            Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Article 55.01(a), Code of Criminal Procedure,   to prohibit 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
person was convicted of or remains subject to prosecution for at least one
other offense occurring during the criminal episode. Makes conforming
changes. 

SECTION 2.

Amends Sections 1, 2, and 5, Article 55.02, Code of Criminal Procedure, as
follows: 

Article 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.   

 Sec. 5.  Makes conforming changes.