By Jones of Dallas H.B. No. 2211
76R8041 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain information that is exempt from the expunction
1-3 requirement.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5, Article 55.02, Code of Criminal
1-6 Procedure, is amended by adding Subsection (f) to read as follows:
1-7 (f) The requirement under Subsection (a) that an official,
1-8 agency, or entity return or obliterate records or files and delete
1-9 index references to records and files does not apply to records and
1-10 files maintained in an automated fingerprint identification system
1-11 that contains images of fingerprints, if:
1-12 (1) the official, agency, or entity deletes the index
1-13 pointer or pointers that allow access to the image maintained in
1-14 the system of the fingerprints of the petitioner; and
1-15 (2) the image maintained in the system of the
1-16 fingerprints of the petitioner contains no data, reference, or
1-17 other information linking the petitioner to the incident for which
1-18 the petitioner seeks expunction under this chapter.
1-19 SECTION 2. This Act takes effect September 1, 1999.
1-20 SECTION 3. The importance of this legislation and the
1-21 crowded condition of the calendars in both houses create an
1-22 emergency and an imperative public necessity that the
1-23 constitutional rule requiring bills to be read on three several
1-24 days in each house be suspended, and this rule is hereby suspended.