Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
SB920 by Harris (Relating to the right to an expunction of records and files relating to a person's arrest.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure as it relates to certain conditions under which an individual is entitled to an expunction of criminal arrest records. The bill would add as conditions for an expunction that the applicable limitations period has expired, and that the court reasonably believes that the state will not proceed against the person for the offense. The bill would take effect immediately if it receives a vote of two-thirds of all members elected to each house. If it does not receive the vote necessary for immediate effect, the bill would take effect September 1, 2009. The analysis assumes that implementing the provisions of the bill would not pose a significant fiscal impact to the state.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.