HBA-DMD H.B. 153 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 153 By: Nixon, Joe Criminal Jurisprudence 1/26/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas law does 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 is required to attend all court hearings to prove that they are not the person in question. H.B. 153 allows for the expunction of such false arrest 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 55.01, Code of Criminal Procedure, as follows: (c) Entitles a person to have that person's personal information, such as name, address, date of birth, driver's license number, and social security number, expunged from the records and files relating to the arrest of another person if the identifying information was falsely given by the person arrested without the consent of the person asserting the entitlement or the arrested person falsely gave the information as the arrested person's identifying information. SECTION 2. Amends Section 1, Article 55.02, Code of Criminal Procedure, as follows: Sec. 1. (a) Authorizes a person entitled to expunction of records to file an ex parte petition for expunction in a district court for the county in which the petitioner was arrested or the person who falsely identified himself or herself as the petitioner was arrested, if the petitioner relies on an entitlement under Article 55.01(c). (b) Makes conforming changes. (c) Requires the verified petition for expunction to include the arrested person's full name, a statement that the petitioner is not the person arrested, a statement that the petitioner did not give consent to the arrested person to falsely identify himself or herself as the petitioner, and authenticated fingerprint records of the petitioner, or an explanation stating why the information is not included. SECTION 3. Amends Section 5, Article 55.02, Code of Criminal Procedure, as follows (f) Requires each official, agency, or other entity, upon receipt of an order granting expunction, to obliterate all portions of the record or file that identify the petitioner. Prohibits such official, agency or entity from returning the record or file or deleting index references to the record or file. SECTION 4. Makes application of this Act prospective. SECTION 5. Emergency clause. Effective date: upon passage.