BILL ANALYSIS

Senate Research Center	S.B. 1725
	By: Hughes
	State Affairs
	5/26/2023
	Enrolled

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, Section 106.12 (Expunction of Conviction or Arrest Records of a Minor), Alcohol and Beverage Code, is interpreted by prosecutors to mean that only one offense involved in an alcohol citation could be expunged. What commonly occurs is the "stacking" of charges on one contact with law enforcement. 

For example, if a college student gets a public intoxication violation, minor in possession of alcohol violation, and an open container violation all on one incident report, the current interpretation is that only one of the three violations can be expunged. However, in reality all violations are simply combined into one incident. 

S.B. 1725 would allow first time minor offenders, who have multiple violations linked to one incident, to have the entire incident expunged from their record.

S.B. 1725 amends current law relating to the expunction of certain convictions or arrests of a minor for certain alcohol-related offenses.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading to Section 106.12, Alcoholic Beverage Code, to read as follows:

Sec. 106.12. EXPUNCTION OF CONVICTION OR ARREST RECORDS OF A MINOR.

SECTION 2. Amends Section 106.12, Alcoholic Beverage Code, by amending Subsections (c), (d), (e), and (f), as follows:

(c) Makes no changes to this subsection.

(d) Authorizes any person placed under a custodial or noncustodial arrest for not more than one incident in violation of this code while a minor and who was not convicted of the violation to apply to the court in which the person was charged to have the records of the arrest expunged. Requires that the application contain the applicant's sworn statement that the applicant was not arrested for an event leading to a violation of this code other than the arrest the applicant seeks to expunge. Requires the court, if the court finds the applicant was not arrested for any other event leading to a violation of this code while a minor, to order certain documents relating to the violation to be expunged from the applicant's record. Provides that all violations from the event leading to a violation of this code, if this event included multiple violations during this event, are eligible for expungement.

(e) Requires the court to charge an applicant a fee, rather than a reimbursement fee, in the amount of $30 for each application for expunction filed under this section to defray the cost of notifying state agencies of orders of expunction under this section.

�(f) Makes no changes to this subsection.

SECTION 3. Provides that the change in law made by this Act to Section 106.12, Alcoholic Beverage Code, applies to the expunction of records of a conviction or arrest made before, on, or after the effective date of this Act.

SECTION 4. Effective date: September 1, 2023.

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