HBA-EDN, KDB C.S.H.B. 1415 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1415
By: Farrar
Criminal Jurisprudence
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, it is difficult to have a deferred adjudication expunged from a
criminal record.  While many people have accepted a conviction on deferred
adjudication, they generally do so with the expectation that the offense
will not affect their permanent record.  However, as the law currently
stands, a deferred adjudication remains on a permanent criminal record.
This deferred adjudication may impede a person's ability to obtain a
desired job or position for many years after the offense.  C.S.H.B. 1415
prohibits a criminal justice agency from disclosing to the public a
person's criminal record information regarding a deferred adjudication on
or after the fifth anniversary of the discharge and dismissal if the
offense was a misdemeanor or on or after the 10th anniversary of the
discharge and dismissal if the offense was a felony. 

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

C.S.H.B. 1415 amends the Government Code to prohibit a criminal justice
agency, if a person is placed on deferred adjudication community
supervision and subsequently receives a discharge and dismissal, from
disclosing to the public criminal history record information related to the
offense giving rise to the deferred adjudication on or after the fifth
anniversary of the discharge and dismissal if the offense was a misdemeanor
or the 10th anniversary of the discharge and dismissal if the offense was a
felony.   

The bill provides that such information is excepted from provisions
regarding the availability of public information on or after the fifth
anniversary of the discharge and dismissal if the offense was a misdemeanor
or the 10th anniversary of the discharge and dismissal if the offense was a
felony.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1415 differs from the original bill by amending the Government
Code, rather than the Code of Criminal Procedure, to prohibit a criminal
justice agency, if a person is placed on deferred adjudication community
supervision and subsequently receives a discharge and dismissal, from
disclosing to the public criminal history record information related to the
offense giving rise to the deferred adjudication on or after the fifth
anniversary of the discharge and dismissal if the offense was a misdemeanor
or the 10th anniversary of the discharge and dismissal if the offense was a
felony.  The original required a court that places a person of deferred
adjudication community supervision to expunge all records and files
relating to the arrest of a person for an offense if the person
subsequently received a dismissal and discharge with respect to the offense
and during the five-year period immediately after the date of dismissal and
discharge was not convicted of any offense.  The substitute provides that
such information is excepted from provisions  regarding the availability of
public information on or after the fifth anniversary of the discharge and
dismissal if the offense was a misdemeanor or the 10th anniversary of the
discharge and dismissal if the offense was a felony.