HBA-NMO, DMD H.B. 153 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 153 By: Nixon, Joe Criminal Jurisprudence 7/27/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, state law did not authorize a court to expunge the arrest records of a person whose name was falsely presented by another person as their own at the time of that person's arrest. A person whose name was given by a defendant was required to attend all court hearings to prove that they are not the person in question. H.B. 153 requires the Department of Public Safety (DPS) to create a record of each individual who signs a declaration that the individual's identity has been used by another person without the individual's consent, and files that declaration with DPS. This bill requires DPS, upon receiving the declaration, to create a record of the person's identity in a password-protected criminal history record information system maintained by DPS. 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 Subchapter D, Chapter 411, Government Code, by adding Section 411.0421, as follows: Sec. 411.0421. INFORMATION REGARDING FRAUDULENT USE OF IDENTIFICATION. (a) Requires the Department of Public Safety (DPS) to create a record of each individual who, in conjunction with the district attorney in the county in which the individual resides and the sheriff of that county or, if the individual is not a resident of a county in this state, the attorney and sheriff in a county that the individual frequents, signs a declaration that the individual's identity has been used by another person to frustrate proper law enforcement without the individual's consent, and files that declaration with the department. (b) Specifies the information that must be included in a declaration filed under this section. (c) Requires DPS, upon receiving the declaration, to create a record of the person's identity in a password-protected criminal history record information system maintained by the department under Subchapter F (Criminal History Record Information), Government Code. SECTION 2. Amends Chapter 60, Code of Criminal Procedure, by adding Article 60.19, as follows: Art. 60.19. INFORMATION RELATED TO MISUSED IDENTITY. Requires DPS, upon receiving the declaration under Section 411.0421, Government Code, or upon receiving information similar to that contained in a declaration, to separate information maintained in the computerized criminal history system regarding an individual whose identity has been misused from information maintained in that system regarding the person who misused the identity. SECTION 3.Effective date: September 1, 1999, except that DPS is not required to begin performing the duties imposed on the it by Section 411.0421, Government Code, and Article 60.19, Code of Criminal Procedure, until the date on which DPS implements the requirements of the National Crime Information Center 2000 system upgrades. SECTION 4.Emergency clause.