HBA-EDN H.B. 3110 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3110
By: Dutton
Criminal Jurisprudence
3/23/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a person arrested for a felony or misdemeanor is
entitled to an expunction of records related to the arrest if the person is
acquitted, convicted and subsequently pardoned, or released without a
charge resulting in a final conviction, probation, or conditional charge.
A person is also entitled to an expunction of records if an indictment of
information charging the offense for which the person was arrested is never
presented or is dismissed due to mistake, false information, or lack of
probable cause or because the charge was void.  Finally, expunction of a
criminal record may occur if an individual has not been convicted of a
felony in the five years preceding the arrest, but the individual must file
a petition for expunction with a court, and it is within the court's
discretion to order such an expunction.  House Bill 3110 requires a trial
court, upon the state's motion, to enter an order for the expunction of
arrest records when the individual has been acquitted or the charge has
been dismissed rather than requiring a defendant to file a petition of
expunction of criminal records.      

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 3110 amends the Code of Criminal Procedure to provide that a
person who has been arrested for a felony or a misdemeanor is entitled to
have all records and files relating to the arrest expunged if an
indictment, complaint, or information charging the person with an offense
has not been presented before the second anniversary of the arrest date or
was presented but has been dismissed (Art. 55.01).  The bill requires the
trial court to enter an order of expunction if a person was acquitted,
pardoned, or the offense was dismissed.  The bill  requires the attorney
representing the state to bring a motion for expunction for a person who
was arrested, but against whom an indictment, complaint, or information is
not filed before the second anniversary of the arrest date.  The bill
requires the trial court to enter an 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 and to include in such an
order a listing of each official, agency, or other entity of the state or
political subdivision of the state that there is reason to believe has any
records or files that are subject to the order (Art. 55.02).  The bill
deletes provisions relating to a defendant's request for expunction of
records (Arts. 55.01 and 55.02).     

H.B. 3110 repeals provisions relating to notice and fees in expunction
proceedings (SECTION 3). 

EFFECTIVE DATE

September 1, 2001.