S.B. 566 78(R)    BILL ANALYSIS


S.B. 566
By: West
Law Enforcement
Committee Report (Unamended)



BACKGROUND 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.  Senate
Bill 566 requires a local law enforcement agency, if informed that a
person's identifying information was falsely given by a person arrested as
the arrested person's identifying information, to contact the person whose
identity has been falsely used and give that person notice of his or her
rights.  The bill also establishes a process by which a person seeking
court-ordered expunction of records can file an application with the
district or county attorney.  The bill requires the Department of Public
Safety (DPS) to notify the victim of the identity theft if local law
enforcement is unable to do so, make certain computerized criminal history
information reflects the use of the person's identity as a stolen alias,
and, when applicable, notify the Texas Department of Criminal Justice
(TDCJ) that one of its inmates may be falsely using the person's identity.
Finally, the bill requires the TDCJ to take certain steps to ensure proper
identification of inmates who are identified as possibly using an alias.  
         

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  Amends Chapter 2, Code of Criminal Procedure, by adding
Article 2.28 to require the responsible local law enforcement agency, 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 notify the person that the person's
identifying information was misused by another person arrested in the
county, that the person may file a declaration with DPS under Section
411.0421, Government Code, and that the person is entitled to expunction
of information contained in criminal records and files under Chapter 55,
Code of Criminal Procedure.  Requires the local law enforcement agencies
to notify DPS regarding the misuse of the identifying information, the
actual identity of the person arrested, if known by the agency, and
whether the agency was able to notify the person whose identifying
information was misused.   

SECTION 2. Amends Article 55.02, Code of Criminal Procedure to make
nonsubstantive and conforming changes.  

SECTION 3.  Amends Article 55.02, Code of Criminal Procedure, by adding
Section 2a, 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 and include specified
information about the applicant and the arrest leading to the application
or an explanation for any missing information,  authenticated fingerprint
records of the applicant, and a statement by the applicant that the
applicant is not the person arrested and did not ask the person arrested
to identify him or herself as the applicant.  
(c) Requires the attorney representing the state, after verifying the
allegations in an application,  to take certain procedural actions to
complete the application, forward it to certain agencies, and request the
court to enter an expunction order.  
(d) Requires the court, after receiving a request under Subsection (c) 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 DPS to notify any central federal depository of criminal
records of the order, by any means, including electronic transmission,
with an explanation of the effect of the order and a request that the
depository, as appropriate, either:  
_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 
_comply with Section 5(f) of this article pertaining to information
contained in the records and files of a person entitled to expunction
under Article 55.01(d).  

SECTION 5. Amends Article 60.19, Code of Criminal Procedure, to require
DPS, after receiving information from a local law enforcement agency, to
provide notice to the person whose identity was misused if the local law
enforcement agency was unable to do so, to take action to ensure that the
information in the computerized criminal history system reflects the use
of the person's identity as a stolen alias, and notify the Texas
Department of Criminal Justice (TDCJ) that the person's identifying
information may have been falsely used by an inmate while in custody.  

SECTION 6. Amends Chapter 493, Government Code, by adding Section
493.0155, to require TDCJ, upon receiving notice from DPS that an inmate
may have used another person's identifying information while in custody,
to take action to ensure that the information regarding an inmate reflect
the inmate's use of the other person's information as a stolen alias and
include any information concerning the inmate's actual identity.
Requires TDCJ to take action whether the inmate is in TDCJ custody, is
serving a period of supervised release, or has been discharged.   

SECTION 7. Repeals Section 2(e), Article 55.02, Code of Criminal
Procedure, regarding the provision of fingerprints by an identity theft
petitioner, the substance of which is added in by SECTION 3 of this bill.  

SECTION 8. Effective date.


EFFECTIVE DATE

This Act takes effect September 1, 2003.