TO: | Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB293 by Dutton (Relating to the automatic expunction of criminal records.), As Introduced |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2010 | $0 |
2011 | $0 |
2012 | $0 |
2013 | $0 |
2014 | $0 |
Fiscal Year | Probable Savings/(Cost) from State Highway Fund 6 |
Change in Number of State Employees from FY 2009 |
---|---|---|
2010 | ($932,491) | 13.0 |
2011 | ($779,364) | 13.0 |
2012 | ($779,960) | 13.0 |
2013 | ($820,058) | 13.0 |
2014 | ($779,962) | 13.0 |
The bill would repeal certain sections of and amend the Code of Criminal Procedure regarding procedures for expunction of criminal records, imposing certain requirements on prosecuting attorneys and the courts. In addition, the bill would authorize the Department of Public Safety (DPS) to file an application for expunction on behalf of a person eligible to have their records expunged. The bill establishes the procedures that would be required of the DPS if the agency were to file an application.
As a result of repealing certain sections of code, the entity releasing or discharging an arrested person would no longer be required to provide the person with a written explanation of their rights regarding an expunction of records. Also, there would no longer be a requirement that a person seeking expunction of records would have to pay certain fees or postage related to filing for expunction.
The proposed changes in statute would apply only to acquittals, dismissed charges, and arrests made on or after the effective date of the bill, which would be September 1, 2009.
DPS estimates that the provisions of the bill would require approximately 90,000 automatic expunctions to be filed during a one-year period. The Legislative Budget Board (LBB) estimates that an additional 13 FTEs per year (7 administrative assistants and 6 clerks) would be required to implement the provisions of the bill because of increased workload of general expunction procedures including notifications and updating, modifying or deleting all documents pertaining to each expunction order.
Other operating expenses such as maintenance and repair of office machines and computer equipment, computer supplies, consumable supplies and materials, and telephones are also included in the cost estimate.
The Office of Court Administration, the Board of Pardons and Paroles, and the Department of Criminal Justice anticipate that the bill would have no significant impact to their agencies.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 696 Department of Criminal Justice, 697 Board of Pardons and Paroles
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LBB Staff: | JOB, ESi, GG, MWU, DB
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