SRC-JBJ H.B. 1323 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1323
By: Shields (Staples)
Criminal Justice
5/3/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, when a person is arrested for a crime, an
indictment or information must be filed charging that person with a crime.
If it is determined that no probable cause existed, a trial court can
dismiss the case.  Under these circumstances a person can request
expunction of the arrest record and other related files, but if the
indictment or information used to charge the person for the alleged crime
is quashed because of non-prosecution or other showing of lack of probable
cause, no provisions exist for the application of expunction of the records
against a person in such a situation.  H.B. 1323 allows the expunction of
criminal records after an indictment or information is quashed.  

RULEMAKING AUTHORITY

This bill does not expressly 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 provide
that a person who has been arrested for commission of either a felony or
misdemeanor is entitled to have all records and files relating to the
arrest expunged under certain specific conditions. 

SECTION 2.  Amends Article 55.01, Code of Criminal Procedure, by adding
Subsection (d), to require the attorney representing the state, on the
dismissal or quashing of an indictment or information and the expiration of
a limitations period described by Subsection (a)(2)(A)(i), to automatically
initiate proceedings to expunge arrest records relating to the defendant. 

SECTION 3.  Amends Section 1, Article 55.02, Code of Criminal Procedure, to
delete existing text regarding the request of the defendant.  Requires the
trial court presiding over a case in which a defendant is, rather than the
case in which the defendant was, acquitted and entitled to expunction under
Article 55.01(a)(1)(A), after notice to the state and a hearing, to enter
an order of expunction for the defendant not later than the 30th day after
the date of the acquittal.  Requires the law enforcement agency that
arrested the defendant to provide to the court certain specific information
or an explanation for why any of that information is not provided, rather
than all of the information required in a petition for expunction under
Section 2(b).  Requires the law enforcement agency that arrested the
defendant to pay any costs associated with providing to the court the
information described by Subsection (c) and any other action necessary to
obtain the expunction.  Provides that the defendant or counsel for the
defendant is not required to assist the court clerk in preparing copies of
the expunction order for delivery under Section 3(c) or to take any other
action necessary to obtain the expunction. 

SECTION 4.  Provides that the change in law made by Section 1 of this Act
applies to arrest records and files created before, on, or after the
effective date of this Act. 
 
SECTION 5.  Provides that the change in law made by Section 3 of this Act
applies to a person who on or after the effective date of this Act is
acquitted of an offense,  regardless of whether the alleged offense for
which the person was acquitted occurred before, on, or after the effective
date of this Act. 
  
SECTION 6.  Effective date: upon passage or September 1, 2001.