HBA-EDN H.B. 1323 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1323 By: Shields Criminal Jurisprudence 7/19/2001 Enrolled BACKGROUND AND PURPOSE Under current law, when a person is arrested for a crime, an indictment or information must be filed charging that person with the crime. If a trial court found that there is no probable cause, the court can dismiss the case, and the person is entitled to an expunction of the arrest record and other related files. However, prior to the 77th Legislature, there was no provision for the expunction of arrest records if the indictment or information was quashed due to non-prosecution or lack of probable cause. House Bill 1323 allows the expunction of criminal records after an indictment or information is quashed. 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. ANALYSIS House Bill 1323 amends the Code of Criminal Procedure to provide that a person is entitled to have all records and files relating to the person's felony or misdemeanor arrest expunged if an indictment or information has been dismissed or quashed, and the limitations period has expired. The bill sets forth procedures for when an order of expunction becomes final. EFFECTIVE DATE September 1, 2001.