SRC-JBJ S.B. 1047 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1047
By: Shapiro
Criminal Justice
6/20/2001
Enrolled


DIGEST AND PURPOSE 

If a person's identifying information is stolen and the perpetrator of that
theft is then arrested using the victim's name or social security number,
the victim's records would reflect an arrest made under the use of that
stolen information regardless of the fact that the perpetrator illegally
presented himself or herself. S.B. 1047 provides that if a person's
identifying information is used in the arrest of another person, the victim
of that identification theft, under certain conditions, is entitled to an
expunction of the record of that arrest. 

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, Code of Criminal Procedure, by adding
Subsection (d), to provide that a person is entitled to have any
information that identifies the person, including certain specific
information, contained in records and files relating to the arrest of
another person expunged if certain conditions exist. 

SECTION 2.  Amends Section 2, Article 55.02, Code of Criminal Procedure, by
amending Subsections (a) and (b) and adding Subsection (e), as follows: 

(a)  Authorizes a person who is entitled to expunction of records and files
under certain articles, including Article 55.01(d), or a person who is
eligible for expunction of records and files under Article 55.01(b) to file
an ex parte petition for expunction in certain district courts. 

(b)  Requires the petition to be verified and to include certain specific
information or an explanation for why one or more of those certain pieces
of information is not included. 

(e)  Requires the verified petition, in addition to the information
required by Subsection (b), if the petitioner relies on an entitlement to
expunction under Article 55.01(d), to include certain specific information
and items or a statement explaining the reason that the information and
items are not included. 

SECTION 3.  Amends Section 5, Article 55.02, Code of Criminal Procedure, to
require, except as provided by Subsection (f), on receipt of the order,
each official or agency or other entity named in the order to take certain
enumerated actions.  Authorizes a court, except in the case of a person who
is the subject of an expunction order on the basis of an acquittal or an
expunction order based on an entitlement under Article 55.01(d), to give
the person who is the subject of the order all records and files returned
to it pursuant to its order.  Adds an exception in the case of a person who
is the subject of an expunction order based on an entitlement under Article
55.01(d) to the provision regarding the court records concerning expunction
proceedings not being open.  Requires each official, agency, or other
entity named in the order, on receipt of an order granting expunction to a
person entitled to expunction  under Article 55.01(d), to take certain
enumerated actions.  Prohibits each official, agency, or other entity named
in the order, on receipt of an order granting expunction to a person
entitled to expunction under Article 55.01(d), from returning the record or
file or deleting index references to the record or file. 

SECTION 4.  Amends Section 411.0421(c), Government Code, to require the
Texas Department of Public Safety (department) to ensure that the record of
the individual's identity, including the unique password, is available
online to any entity, rather than criminal justice agency, authorized to
receive information from the department under Subchapter F. 

SECTION 5.  Makes application of this Act prospective. 

SECTION 6.  Effective date: upon passage or September 1, 2001.