HBA-AMW S.B. 1047 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1047 By: Shapiro Criminal Jurisprudence 4/26/2001 Engrossed 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. Senate Bill 1047 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 Senate Bill 1047 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.