HBA-AMW H.B. 155 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 155
By: Goolsby
Criminal Jurisprudence
2/28/2001
Introduced



BACKGROUND AND PURPOSE 

Each year, thousands of Texans have criminal charges removed from their
records, providing a fresh start to their lives.  Some private companies,
Internet companies in particular, are failing to remove expunged data from
their databases.  Current law provides that it is unlawful to disseminate
expunged information, but does not specifically penalize these businesses.
House Bill 155 provides penalties for a person in the business of
publishing or disclosing conviction or arrest information that uses or
releases arrest information obtained from the Department of Public Safety
if the person knows the information is derived from a record or file that
is the subject of an expunction order. 

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 155 amends the Code of Criminal Procedure and the Government
Code to limit the use and release of certain arrest information by persons
in the business of publishing or disclosing conviction or arrest
information (persons).  The bill amends the Code of Criminal Procedure to
require the defendant to include such persons in the defendant's petition
for expunction if the defendant has reason to believe the persons have
records or files that are subject to expunction.  The bill also requires
the clerk of the trial court to send a certified copy of the order by
certified mail, return receipt requested, to persons in the business of
publishing or disclosing conviction or arrest information, if designated by
the person who is the subject of the expunction order.  The bill requires
persons, on receipt of the expunction order, to return all records and
files that are subject to the expunction order to the court or, if removal
is impracticable, obliterate all portions of the record or file that
identify the person who is the subject of the order and notify the court of
its action.  The bill also requires persons, on receipt of the expunction
order, to delete from their public records all index references to the
records and files that are subject to the expunction order. 

The bill amends the Government Code to provide that it is a Class B
misdemeanor for persons in the business of publishing or disclosing
conviction or arrest information to use or release arrest information
obtained from the Department of Public Safety that the persons know is
derived from a record or file that is the subject of an expunction order.  

EFFECTIVE DATE
September 1, 2001.