SRC-JBJ S.B. 1570 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1570
77R6834 JMC-DBy: West, Royce
Criminal Justice
3/28/2001
As Filed


DIGEST AND PURPOSE 

Currently, the record of a not guilty verdict may only be expunged by a
certain specific method and not by the standard method of expunction,
imposing an unnecessary and undue burden by limiting the choice of methods
whereby a person may seek expunction of the record of such a verdict.  As
proposed, S.B. 1570 amends provisions of the Code of Criminal Procedure to
allow a person to also employ the standard method of expunction for the
purposes of expunging a record of a not guilty verdict. 

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 Section 2(a), Article 55.02, Code of Criminal Procedure,
to authorize a person who is entitled to expunction of records and files
under Article 55.01(a), rather than Articles 55.01(a)(1)(b) or 55.01(a)(2),
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 a district
court for the county in which the person was arrested or in the county
where the offense was alleged to have occurred. 

SECTION 2.  Effective date: September 1, 2001.
            Makes application of this Act prospective.