SRC-TAG H.B. 2725 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2725
By: Talton (West, Royce)
Criminal Justice
5/22/2003
Engrossed


DIGEST AND PURPOSE 

Currently, if a person is acquitted of a crime, the trial court presiding
over the case is required to enter an order of expunction. Upon receiving
this order, the clerk of the court must destroy the files and records on
the first anniversary of the date the order for expunction is issued. It
is extremely expensive for court clerks to store these records for an
entire year.  H.B. 2725  provides for the earlier destruction of certain
expunction records.. 

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 5, Article 55.02, Code of Criminal Procedure,
by amending Subsection (d) and adding Subsection (d-1), as follows: 

(d)  Requires the clerk of the court to destroy all the files or other
records maintained under Subsection (c) not earlier than the 60th day
after, rather than on first anniversary of, the date the order of
expunction is issued or later than the first  anniversary of that date
unless the records or files were released under Subsection (b), 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). 

(d-1)  Requires the clerk, not later than the 30th day before the date on
which the clerk destroys files or other records under Subsection (d), to
provide notice by mail, electronic mail, or facsimile transmission to the
attorney representing the state in the expunction proceeding. Prohibits
the clerk from destroying  the files or other records until the first 
anniversary of the date the order of expunction is issued or the first
business day after that date, if the attorney representing the state in
the expunction proceeding objects to the 
 destruction not later than the 20th day after receiving notice under this
subsection. 

SECTION 2.  Effective date: upon passage or September 1, 2003.