SRC-TAG S.B. 566 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 566
By: West, Royce
Criminal Justice
6/25/2003
Enrolled


DIGEST AND PURPOSE 

Under current Texas law, a person whose identity has been falsely used by
another person who has committed a crime has no way of knowing that his or
her name was given to law enforcement at the time of the arrest.  S.B. 566
assigns to the local agency which attains identifying information, once
the true identity of the person has been determined, the responsibility
to contact the person whose identity has been falsely used; requires
notification to the identity theft victim that he or she is entitled to an
expunction of that criminal record; establishes an application process for
a person seeking expunction under this circumstance; and makes other
provisions regarding the duties of law enforcement agencies regarding the
misuse of a person's identity. 

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 Chapter 2, Code of Criminal Procedure, by adding
Article 2.28, as follows: 
  
Art.  2.28. DUTIES REGARDING MISUSED IDENTITY.   Requires a local law
enforcement agency responsible for collecting identification on arrested
persons in a county, upon receipt of information to the effect that a
person's identifying information was falsely given by a person arrested as
the arrested person's identifying information, to take certain actions. 

SECTION 2.  Amends Sections 2(a) and (b), Article 55.02, Code of Criminal
Procedure, as follows: 

(a)  Deletes references to Article 55.01(d) regarding entitlement to
expunction of records and files.  Makes nonsubstantive changes.  

(b)   Makes conforming changes.

SECTION 3.  Amends Article 55.02, Code of Criminal Procedure, by adding
Section 2(a), as follows:  

Sec.  2a.  (a)  Authorizes a person who is entitled to expunction of
information contained in records and files under Article 55.01(d) to file
an application for expunction with the attorney representing the state in
the prosecution of felonies in the county in which the person resides. 

(b)  Requires the application to be verified, include authenticated
fingerprint records of the applicant, and include an explanation of why
certain information is not included. 

(c)  Requires the attorney representing the state to take certain actions,
after verifying the allegations in an application received under
Subsection (a). 

(d)  Requires the court, after receiving a request under Subsection (a)
and without  
   holding a hearing on the matter, to enter a final order directing
expunction 

SECTION 4.  Amends Section 3(c), Article 55.02, Code of Criminal
Procedure, to require the Texas Department of Public Safety (DPS) to
notify any central federal depository of criminal records by any means,
including electronic transmission, of the order with an explanation of the
effect of the order and a request that the depository, as appropriate,
either: 

(1)  destroy or return to the court the records in possession of the
depository that are subject to the order, including any information with
respect to the order; or 

(2)  comply with Section 5(f) of this article pertaining to information
contained in records and files of a person entitled to expunction under
Article 55.01(d). 

SECTION 5.  Amends Article 60.19, Code of Criminal Procedure, as follows:

Art.  60.19.  INFORMATION RELATED TO MISUSED IDENTITY.  (a)  Requires DPS,
after receiving information from a local law enforcement agency, to take
certain actions. 

   (b)  Creates new Subsection (b) from existing text.

SECTION 6.  Amends Chapter 493, Government Code, by adding Section
493.0155, as follows: 

Sec.  493.0155.  PROPER IDENTIFICATION OF INMATES USING ALIAS.  Requires
the Texas Department of Criminal Justice (TDCJ)  to take certain actions,
after receiving information from DPS under Article 60.19, Code of Criminal
Procedure, that a person's identifying information was falsely used by an
inmate as the inmate's identifying information, regardless of whether the
inmate is in TDCJ custody, is serving a period of supervised release, or
has been discharged.  

SECTION 7.  Repealer: Section 2(e), Article 55.02, Code of Criminal
Procedure (regarding the provision of fingerprints by an identity theft
petitioner). 

SECTION 8.  Effective date: September 1, 2003.