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.