HBA-LJP H.B. 2305 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2305 By: Garcia Criminal Jurisprudence 3/23/2001 Introduced BACKGROUND AND PURPOSE Under current law, it is the responsibility of a defendant acquitted of a misdemeanor or felony to request an expunction of arrest records and to provide the court the information required to expunge the defendant's record. House Bill 2305 requires the court that acquitted the defendant to order expunction and the law enforcement agency that arrested the defendant to provide the required 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 2305 amends the Code of Criminal Procedure to require a trial court presiding over a case in which a defendant is acquitted for a felony or misdemeanor to enter an order of expunction for the defendant not later than the 30th day after the date of the acquittal. The bill requires the law enforcement agency that arrested the defendant, rather than the defendant, to provide the court all of the required information in an expunction. The bill sets forth the required information, including information about the defendant, the offense, the case number and the court of offense, and all entities that the arresting agency has reason to believe have records or files that are subject to the expunction. The bill requires the law enforcement agency that arrested the defendant to pay any costs associated with providing to the court the required information and any other action necessary to obtain the expunction. The bill provides that the defendant or counsel for the defendant is not required to assist the court clerk in preparing copies of the expunction orders for delivery or to take any other action necessary to obtain the expunction. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.