HBA-EDN H.B. 1323 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1323
By: Shields
Criminal Jurisprudence
3/5/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, when a person is arrested for a crime, an indictment or
information must be filed charging that person with the crime.  If a trial
court finds that there is no probable cause, the court can dismiss the
case, and the person is entitled to an expunction of the arrest record and
other related files. However, there is no provision for the expunction of
arrest records if the indictment or information is quashed due to
non-prosecution or lack of probable cause.  House Bill 1323 allows  the
expunction of criminal records after an indictment or information is
quashed.   

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 1323 amends the Code of Criminal Procedure to provide that a
person is entitled to have all records and files relating to the person's
felony or misdemeanor arrest expunged if an indictment or information has
been dismissed or quashed, and the limitations period has expired. 

EFFECTIVE DATE

The Act takes effect on the 91st day after adjournment.