TO: | Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence |
FROM: | John S O'Brien, Director, Legislative Budget Board |
IN RE: | HB3306 by Marquez (Relating to a person's eligibility for expunction of certain criminal history records and files.), As Introduced |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2012 | $0 |
2013 | $0 |
2014 | $0 |
2015 | $0 |
2016 | $0 |
Fiscal Year | Probable Savings/(Cost) from State Highway Fund 6 |
Probable (Cost) from Appropriated Receipts 666 |
---|---|---|
2012 | ($4,483,901) | ($1,185,340) |
2013 | ($3,923,487) | ($1,025,137) |
2014 | ($4,136,144) | ($1,025,137) |
2015 | ($4,256,735) | ($1,054,903) |
2016 | ($4,136,144) | ($1,025,137) |
Fiscal Year | Change in Number of State Employees from FY 2011 |
---|---|
2012 | 90.8 |
2013 | 90.8 |
2014 | 90.8 |
2015 | 90.8 |
2016 | 90.8 |
This bill would allow for the expunction of most convictions with the exception of some serious offenses such as sexual offenses, the sale of illegal substances, DWI, and family violence offenses. Further, the bill would provide a waiting period of 15 years after the date of conviction before expunction of a conviction might otherwise be obtained. Although this bill would broaden the applicability of expunction to less serious offenses, including felonies, it is not a cause of action that involves inordinate amounts of court time to hear and resolve. As a result, the Office of Court Administration reports that no significant fiscal impact is anticipated. The Department of Public Safety (DPS) anticipates an increase in expunction requests as a result of this bill.
According to DPS, current records projected to be eligible for expunction by DPS are estimated to be 143,180 per year. The Department of Public Safety (DPS) estimates petitions will be submitted at a rate of 10% of the current eligible expunctions or 14,318 per year. In addition to those expunctions, DPS estimates that 312,466 new records will become eligible each year and approximately 10% will submit petitions annually or 31,244. The bills would increase the total number of anticipated expunctions received by an additional 45,562 per year.
Based on the number of current expunction DPS currently receives per year (7,500), the agency would require 90.8 new FTEs and $10.7 million in State Highway Funds and Appropriated Receipts to process the increased number of requests.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety
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LBB Staff: | JOB, ESi, GG, YD
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