SRC-JBJ S.B. 1608 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1608
77R1749 JMC-DBy: Staples
Criminal Justice
3/29/2001
As Filed


DIGEST AND PURPOSE 

Under current Texas law, when a person is arrested for a crime, an
indictment or information must be filed charging that person with a crime.
If it is determined that no probable cause existed, a trial court can
dismiss the case.  Under these circumstances a person can request
expunction of the arrest record and other related files, but if the
indictment or information used to charge the person for the alleged crime
is quashed because of non-prosecution or other showing of lack of probable
cause, no provisions exist for the application of expunction of the records
against a person in such a situation.  As proposed, S.B. 1608 allows for
the expunction of such records after the statute of limitations has expired
and provided that the accused has a clear felony conviction record for the
five years preceding the 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(a), Code of Criminal Procedure, to provide
that a person who has been arrested for commission of either a felony or
misdemeanor is entitled to have all records and files relating to the
arrest expunged if certain specific conditions are met. 

SECTION 2.  Provides that the change in law made by this Act applies to
arrest records and files created before, on, or after the effective date of
this Act. 

Effective date: 90 days after adjournment.