HBA-NMO H.B. 2183 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2183
By: Dutton
Criminal Jurisprudence
4/25/1999
Introduced



BACKGROUND AND PURPOSE 

Article 55.01(a), Code of Criminal Procedure, entitles a person who has
been arrested for the commission of a felony or misdemeanor to have all
records and files relating to the arrest expunged if the court acquits the
person; the governor pardons the person; or the state does not present or
dismisses felony charges against the person, the felony charge does not
result in a final conviction, and the state has not convicted the person of
a felony in the five years preceding the date of arrest. The law further
authorizes such a person to file a petition for expunction in the
appropriate district court, and requires the court to set a hearing on the
matter. 

H.B. 2183 amends Article 55.01(a), Code of Criminal Procedure, to entitle a
person to who has been arrested for the commission of a felony or
misdemeanor to have all records and files relating to an arrest expunged if
the state does not present or dismisses charges against the person, in
addition to acquittal and pardon.  This bill further requires the trial
court to enter an order of expunction for a person entitled to expunction
because the person was acquitted or pardoned, or the offense was dismissed. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 55.01(a)(2), Code of Criminal Procedure, to
entitle a person who has been arrested for commission of either a felony or
misdemeanor to have all records and files relating to the arrest expunged
if either, rather than each, of the following conditions exist: 

_a complaint, in addition to an indictment, or other information charging
the person with commission of the offense, rather than felony, has not been
presented against the person for an offense arising out of a transaction
for which the person was arrested,  specifying before the second
anniversary of the date of the arrest; or 

_if a complaint, in addition to an indictment, or other information
charging the person with commission of an offense, rather than a felony,
was presented, it has been dismissed. 
 
Deletes language that describes reasons for dismissal.  Deletes provision
that conditions entitlement to expunction on the fact that the person has
not been convicted of a felony in the five years preceding the date of
arrest   

SECTION 2.  Amends Article 55.02, Code of Criminal Procedure, as follows:
 
ARTICLE. 55.02.  PROCEDURE FOR EXPUNCTION
 
Sec. 1.  (a)  Requires the trial court to enter an order of expunction for
a person entitled to expunction because the person was acquitted or
pardoned, or the offense was dismissed, rather than authorizing that person
to file an ex parte petition for expunction.  
 
 (b)  Requires the attorney representing the state whose office would have
prosecuted the offense to bring a motion for expunction for a person who
was arrested but against whom no indictment, complaint, or information was
filed before the second anniversary of the date of the arrest.  Requires
the trial court, on filing of the motion, to enter an order of expunction
for the person. Deletes language regarding verification of the petition. 
  
Sec. 2.   Requires the court to enter the order of expunction not later
than the 30th day after the date of acquittal, pardon, dismissal, or filing
of the motion by the attorney representing the state.  Requires the court
to include in the order a listing of each official, agency, or other entity
of this state or a political subdivision of this state that there is reason
to believe has any records or files that are subject to the order.  Makes
conforming changes. 

Sec. 3.  Makes conforming changes.

Sec. 4.  Makes conforming changes.  

Sec. 5.  Makes conforming changes.

SECTION 3.  Amends Article 55.03, Code of Criminal Procedure, to make
conforming changes. 

SECTION 4.  Amends Article 55.06, Code of Criminal Procedure, to make
conforming changes. 

SECTION 5.  Repealer:  Articles 55.05 (Notice of Right to Expunction) and
102.006 (Fees in Expunction Proceedings), Code of Criminal Procedure.  

SECTION 6.  Effective date: September 1, 1999.
Makes application of this Act prospective.
 
SECTION 7.  Emergency clause.