SRC- JBJ S.B. 434 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 434
77R2860 KEL-DBy: Harris
Criminal Justice
2/9/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law allows courts to expunge all records and files
relating to an arrest if the person was acquitted by the court of criminal
appeals.  The courts, however, cannot expunge the records of a person who
was given deferred adjudication, successfully completed community
supervision, and has been dismissed and discharged.  As proposed, S.B. 434
allows courts to expunge the arrest record of a person who was placed on
deferred adjudication and subsequently received a dismissal and discharge,
unless the offense was a first or second degree felony. 

RULEMAKING AUTHORITY     

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 55.01(b), Code of Criminal Procedure, to
authorize a district court, except as provided by Subsection (c) of this
section, to expunge all records and fines relating to the arrest of a
person who has been arrested for commission of a felony or misdemeanor
under the procedure established under Article 55.02 if the person meets
certain criteria, including being arrested, for an offense other than a
first or second degree felony, placed on deferred adjudication community
supervision under Section 5, Article 42.12, for the offense for which the
person was arrested and subsequently receives a dismissal and discharge
under Section 5(c), Article 42.12.   

SECTION 2.  Makes application of this Act retroactive.

SECTION 3.  Effective date: upon passage or September 1, 2001.