BILL ANALYSIS

H.B. 2229

By: Hernandez

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that current law governing the expunction process for criminal records does not authorize statutory county courts to expunge eligible arrest records that are within the statutory county court's jurisdiction, which can lead to inefficiencies in the expunction process. H.B. 2229 seeks to address this issue by granting concurrent jurisdiction between a district court and statutory county court over expunction proceedings within a statutory county court's jurisdiction.

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. 2229 amends the Government Code to establish that a statutory county court has concurrent jurisdiction with a district court over expunction proceedings relating to the arrest of a person for an offense that is subject to the jurisdiction of a statutory county court.

H.B. 2229 amends the Code of Criminal Procedure to authorize a person who, for an offense that is subject to the jurisdiction of a statutory county court, is entitled to or eligible for expunction of arrest records and files because they were tried and acquitted by the trial court, the court of criminal appeals, or a court of appeals, as applicable, or because an office of the state's attorney authorized by law to prosecute the offense for which the person was arrested recommends the expunction before they are tried, to file an ex parte petition for expunction in a statutory county court in the county in which the petitioner was arrested or in which the offense was alleged to have occurred. The bill accordingly authorizes a statutory county court to expunge the records and files that relate to the arrest of such a person for an offense that is subject to the jurisdiction of a statutory county court.

H.B. 2229 applies to the expunction of arrest records and files for any criminal offense that occurred before, on, or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.