HBA-AMW H.B. 2256 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2256
By: McCall
Criminal Jurisprudence
4/2/2001
Introduced



BACKGROUND AND PURPOSE 

Identity theft occurs when a person assumes another person's name, social
security number, credit card number, or another piece of personal
information for the person's use.  Although current federal and state laws
prohibit the fraudulent use or possession of identifying information, it
may be difficult for victims of identity theft to correct their credit
history, criminal history, or erroneous information appearing in official
government records.  House Bill 2256 allows the expunction or clarification
of certain criminal history record information. 

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 2256 amends the Code of Criminal Procedure to entitle a person
to have any information that identifies the person, including the person's
name, address, date of birth, driver's license number, and social security
number, contained in records and files relating to the arrest of another
person expunged if the information was falsely assumed by the person
arrested without the consent of the person asserting the entitlement to
expunction and that this false use of information is the only reason for
the information being contained in the arrest records. 

The bill authorizes the person who is entitled to an expunction of records
and files to file an ex parte petition for expunction in a district court
for the county in which the petitioner was arrested, and the person who
falsely identified himself or herself as the petitioner was arrested, if
the petitioner relies on such an entitlement.  The bill sets forth
provisions regarding the general contents of the petition. 


The bill requires each official, agency, or other entity named in an order
granting expunction to a person entitled to expunction, on receipt of the
order, to obliterate all portions of the record or file that identify the
petitioner and substitute for all obliterated portions of the record or
file any available information that identifies the person arrested.  The
bill prohibits each official, agency, or other entity named in such an
order from returning the record or file or delete index references to the
record or file.   

Any entity authorized to receive information by the Department of Public
Safety, rather than only a criminal justice agency, may view online a
record of an individual's identity. 

EFFECTIVE DATE

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