BILL ANALYSIS |
C.S.H.B. 670 |
By: Canales |
Criminal Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties contend that too often a person placed on deferred adjudication community supervision for certain criminal offenses will believe incorrectly that the person's criminal record will be fully expunged. C.S.H.B. 670 seeks to provide a method by which certain such persons may remove the stigma associated with the person's past arrest.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 670 amends the Code of Criminal Procedure to entitle a person who has been placed under a custodial or noncustodial arrest for a misdemeanor offense other than an offense involving disorderly conduct, public indecency, prohibited weapons, organized crime or an offense against the person to have all records and files related to the arrest expunged if the person was placed on deferred adjudication community supervision for the misdemeanor offense and subsequently received a discharge and dismissal; if the person was not required to register as a sex offender as a condition of or as a result of the person's placement on deferred adjudication community supervision; if the person has not been convicted of or placed on deferred adjudication community supervision for a Class B misdemeanor, Class A misdemeanor, or felony committed after the date of the misdemeanor offense for which the person was placed on deferred adjudication community supervision; if there are no charges pending against the person for the commission of any offense, other than a fine-only offense; and if a period of not less than five years has passed since the date on which the person received the discharge and dismissal. The bill requires the person to submit an ex parte petition for expunction to the court that placed the person on deferred adjudication community supervision and requires the petition to be verified and to contain certain information about the petitioner and the petitioner's offense and a statement that the person was not required to register as a sex offender as a condition of or as a result of the person's placement on deferred adjudication community supervision by the court, the person has not been convicted of or placed on deferred adjudication community supervision for a Class B misdemeanor, Class A misdemeanor, or felony committed after the date of the misdemeanor offense for which the person was placed on deferred adjudication community supervision, and there are no charges pending against the person for the commission of any offense, other than a fine-only offense. The bill requires a court that finds that the petitioner is entitled to expunction of any arrest records and files that are the subject of the petition to enter an order directing expunction in a manner consistent with the procedures for the expunction of the records of a defendant convicted and subsequently granted relief or pardoned on the basis of actual innocence. The bill extends the right of a close relative to seek expunction on behalf of a deceased person to a close relative of a deceased person entitled to an expunction under the bill's provisions. The bill requires the fees relating to an expunction proceeding to be waived if the petitioner is entitled to expunction and the court finds that the petitioner is indigent.
C.S.H.B. 670 amends the Business & Commerce Code to extend the applicability of a prohibition against the publication of certain criminal record information by a business entity to criminal record information with respect to which an order of expunction has been issued under the bill's provisions.
C.S.H.B. 670 amends the Government Code to extend the applicability of prohibitions against the compilation and dissemination of certain criminal history record information by a private entity that compiles and disseminates such information for compensation to criminal history record information with respect to which an order of expunction has been issued under the bill's provisions. The bill authorizes a person to petition for the expunction of a DNA record if the person is entitled under the bill's provisions to the expunction of records relating to the offense to which the DNA record is related.
C.S.H.B. 670 applies to an expunction of arrest records and files relating to any misdemeanor offense that occurred before, on, or after the bill's effective date.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 670 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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