SRC-LBB H.B. 171 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 171
78R6285 EMT-DBy: Keel (Whitmire)
Criminal Justice
5/11/2003
Engrossed


DIGEST AND PURPOSE 

Texas law gives district courts exclusive jurisdiction to grant expunction
of criminal records. Prior legislation calling for the expunction of
criminal records by "the trial court" following an acquittal does not
accurately describe the proper procedure following an acquittal in a lower
court, such as a county court at law.  H.B. 171 amends the language in
Article 55.02, Code of Criminal Procedure, to direct the expunction to the
trial court if it was a district court, or to a district court in the
county of the trial court if the trial court was a lower court. 

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 1, Article 55.02, Code of Criminal Procedure,
to require, at the request of the defendant and after notice to the state,
the trial court presiding over the case in which the defendant was
acquitted, if the trial court is a district court, or a district court in
the county in which the trial court is located to enter an order of
expunction for a person entitled to expunction under Article
55.01(a)(1)(A) not later than the 30th day after the date of the
acquittal. Requires the trial court, upon acquittal, to advise the
defendant of the right to expunction. Requires the defendant to provide to
the district court all of the information required in a petition for
expunction under Section 2(b).  Requires the attorney for the defendant in
the case in which the defendant was acquitted, if the defendant was
represented by counsel, or the attorney for the state, if the defendant
was not represented by counsel, to prepare the order for the court's
signature. 

SECTION 2.  Amends Sections 3(a) and (b), Article 55.02, Code of Criminal
Procedure, to make conforming and nonsubstantive changes. 

SECTION 3.  Effective date:  September 1, 2003.
                       Makes application of this Act prospective.