LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION

April 15, 2013

TO:	Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	HB1359 by Alonzo (Relating to the date on which certain criminal defendants are eligible to file a petition for an order of nondisclosure.), As Introduced

The fiscal implications of the bill cannot be determined at this time

The bill would amend the Government Code to reduce the waiting period to file a petition for nondisclosure from two years to one year after serving out a deferred adjudication and receiving a discharge and subsequent dismissal for certain misdemeanors. 

The bill would also reduce the waiting period to file a petition for nondisclosure from five years to three years after serving out a deferred adjudication and receiving a discharge and subsequent dismissal for certain felonies.

The Office of Court Administration (OCA) indicates that because the bill shortens the amount of time a person must wait before asking the court for nondisclosure of felonies and certain misdemeanors, the bill may increase the number of petitions for nondisclosures filed.  The state receives $28 per nondisclosure petition, but the number of additional nondisclosure petitions could not be estimated by OCA and the Comptroller of Public Accounts.

The bill would take effect September 1, 2013.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 405 Department of Public Safety

LBB Staff:

UP, ESi, KKR, JJO, JAW