HBA-KMH H.B. 1791 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1791
By: Shields
Criminal Jurisprudence
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Current law allows for expunction of criminal records if there is no
presentment of indictment, the indictment is dismissed, the defendant is
acquitted, or the defendant is convicted but later pardoned. H.B. 1791 adds
a provision allowing expunction if a person is indicted but the indictment
is quashed and the limitations period expires without re-indictment. 

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(a), Code of Criminal Procedure, to entitle
a person to an expunction of the person's records if the indictment or
information charging the person was dismissed or quashed and the
limitations period expired before the date on which a petition for
expunction was filed under Article 55.02 (Procedure for Expunction), Code
of Criminal Procedure, or if the court finds that it was dismissed or
quashed under certain existing provisions.  Removes the right to an
expunction of the person's records if the person has been released on a
conditional discharge under Section 481.109, Health and Safety Code.
Section 481.109, Health and Safety Code, does not currently exist.  Makes
conforming and nonsubstantive changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: upon passage.