HBA-EDN H.B. 1323 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1323
By: Shields
Criminal Jurisprudence
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Under current law, when a person is arrested for a crime, an indictment or
information must be filed charging that person with the crime.  If a trial
court found that there is no probable cause, the court can dismiss the
case, and the person is entitled to an expunction of the arrest record and
other related files. However, prior to the 77th Legislature, there was no
provision for the expunction of arrest records if the indictment or
information was quashed due to non-prosecution or lack of probable cause.
House Bill 1323 allows the expunction of criminal records after an
indictment or information is quashed.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1323 amends the Code of Criminal Procedure to provide that a
person is entitled to have all records and files relating to the person's
felony or misdemeanor arrest expunged if an indictment or information has
been dismissed or quashed, and the limitations period has expired.  The
bill sets forth procedures for when an order of expunction becomes final. 

EFFECTIVE DATE

September 1, 2001.