SRC-JLB, TJG S.B. 1290 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1290
78R6110 PEP-FBy: Gallegos
Jurisprudence
4/5/2003
As Filed


DIGEST AND PURPOSE 

Current law provides that conviction of a Class C misdemeanor does not
impose any legal disability or disadvantage, and procedural statutes for
the prosecution of fine only offenses allow for payment of a fine without
attending formal court proceedings.  As proposed, S.B. 1290 precludes the
use of information concerning an arrest or conviction for an offense
punishable by fine only after a period of five years form the date of
final disposition of the case, requiring the destruction of the records,
both actual case files and electronically stored 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 12.03, Penal Code, by adding Subsection (d), as
follows: 

(d)(1) Provides that a person, after the fifth anniversary of the date of
final disposition of the matter, is released form any legal disability or
disadvantage resulting from the prosecution or conviction of an offense in
a justice or municipal court, notwithstanding any other law. 

(2) Prohibits a justice or municipal court maintaining a record relating
to the prosecution and final disposition of a matter with respect to which
a person is released form any legal disability or disadvantage under
Subdivision (1) from releasing information contained in the record and is
required to take action as necessary to destroy the record, regardless of
whether the record is maintained electronically or otherwise. 

(3) Defines "final disposition."

SECTION 2.  Effective date: September 1, 2003.
            Makes application of this Act retroactive.