BILL ANALYSIS

H.B. 175

By: Schaefer

Community Safety, Select

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In passing H.B. 1927, the 87th Texas Legislature provided for the expunction of all arrest records and files for a person convicted prior to September 1, 2021, of a certain offense involving the unlawful carrying of a weapon in a public place. However, those placed on deferred adjudication community supervision for the same offense were not afforded the same right. H.B. 175 seeks to extend the entitlement to the expunction of arrest records and files for defendants placed on deferred adjudication community supervision for that unlawful carrying of a handgun in a public place that occurred prior to that date.

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.

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.

ANALYSIS

H.B. 175 amends the Code of Criminal Procedure to entitle a person who has been placed on deferred adjudication community supervision for an unlawful carrying of a weapon offense committed before September 1, 2021, to have all records and files relating to their arrest expunged. The entitlement applies only to a person placed on deferred adjudication community supervision for such an offense in which:

· the person intentionally, knowingly, or recklessly carried a handgun on or about their person;

· the person was not on premises owned by or under the person's control; and

· the person was not inside of or directly en route to a motor vehicle or watercraft owned by or under the person's control.

EFFECTIVE DATE

September 1, 2023.