HBA-BSM H.B. 2264 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2264
By: Danburg
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Under current Texas law, expungement of a conviction or plea of guilty
including a one-time conviction for drug possession  from the defendant's
criminal history is unavailable.  Expungement is available only when the
defendant is acquitted at trial, convicted and then pardoned, or when the
indictment or information is dismissed.  House Bill 2264 entitles a person
who was 30 years or younger at the time of a drug related arrest to have
all records and files relating to the arrest and any subsequent charge,
conviction, or disposition of charges including acquittal expunged after 10
years from the date of arrest, if the person meets specified requirements. 

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 2264 amends the Health and Safety Code to provide that a person
who has been arrested for the possession of a controlled substance is
entitled to have all records and files relating to the arrest and any
subsequent charge, conviction, or disposition of charges including
acquittal expunged if not less than 10 years have passed since the date of
the arrest and: 

 _ at the time of the offense the person is 30 years of age or younger;

 _at  the time of the arrest for possession of the controlled substance,
the person was not arrested for or charged with any felony other than
felony possession of a controlled substance, a misdemeanor under Title 5,
Penal Code, or a misdemeanor related to the operation of a motor vehicle
while intoxicated; and  

 _the person has not previously been convicted of two or more offenses
involving the manufacture, delivery, or possession of a controlled
substance. 

EFFECTIVE DATE

September 1, 2001.