SRC-TJG C.S.S.B. 987 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 987
78R12074 PEP-DBy: Armbrister
Criminal Justice
4/25/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Under current Texas law, there are certain procedures and criteria for the
expunction of criminal records.  C.S.S.B. 987 allows for the expunction of
the record of certain misdemeanor offenses under certain conditions.  This
bill also provides that expunction provisions do not apply if the offense
is committed against a member of the person's family or household. 

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, Code of Criminal Procedure, by adding
Subsection (e) to require a district court to expunge under the procedure
established under Article 55.02 (Procedure for Expunction) all records and
files relating to the arrest of a person for the commission of an offense
punishable as a misdemeanor, other than a misdemeanor described by
Subdivision (2), if certain conditions apply.  Subdivision (2) provides
that this subsection does not apply to a misdemeanor under Section 22.01,
Penal Code (Assault), committed against a member of the person's family or
household. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: upon passage or September 1, 2003.