HBA-AMW H.B. 155 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 155 By: Goolsby Criminal Jurisprudence 2/28/2001 Introduced BACKGROUND AND PURPOSE Each year, thousands of Texans have criminal charges removed from their records, providing a fresh start to their lives. Some private companies, Internet companies in particular, are failing to remove expunged data from their databases. Current law provides that it is unlawful to disseminate expunged information, but does not specifically penalize these businesses. House Bill 155 provides penalties for a person in the business of publishing or disclosing conviction or arrest information that uses or releases arrest information obtained from the Department of Public Safety if the person knows the information is derived from a record or file that is the subject of an expunction order. 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 155 amends the Code of Criminal Procedure and the Government Code to limit the use and release of certain arrest information by persons in the business of publishing or disclosing conviction or arrest information (persons). The bill amends the Code of Criminal Procedure to require the defendant to include such persons in the defendant's petition for expunction if the defendant has reason to believe the persons have records or files that are subject to expunction. The bill also requires the clerk of the trial court to send a certified copy of the order by certified mail, return receipt requested, to persons in the business of publishing or disclosing conviction or arrest information, if designated by the person who is the subject of the expunction order. The bill requires persons, on receipt of the expunction order, to return all records and files that are subject to the expunction order to the court or, if removal is impracticable, obliterate all portions of the record or file that identify the person who is the subject of the order and notify the court of its action. The bill also requires persons, on receipt of the expunction order, to delete from their public records all index references to the records and files that are subject to the expunction order. The bill amends the Government Code to provide that it is a Class B misdemeanor for persons in the business of publishing or disclosing conviction or arrest information to use or release arrest information obtained from the Department of Public Safety that the persons know is derived from a record or file that is the subject of an expunction order. EFFECTIVE DATE September 1, 2001.