HBA-LJP S.B. 610 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 610
By: Bernsen
Criminal Jurisprudence
4/26/2001
Engrossed



BACKGROUND AND PURPOSE 

With the implementation of the North American Free Trade Agreement (NAFTA),
the rate of United States citizens traveling to foreign countries has
increased.  Law and court procedures in foreign countries are often
different from the United States system and it is possible for a person to
be convicted in a foreign jurisdiction for circumstances that would not be
criminal in nature in Texas.  Senate Bill 610 provides for the restoration
of any civil rights forfeited under the laws of another country. 

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

Senate Bill 610 amends the Code of Criminal Procedure to authorize an
individual convicted of certain federal offenses or offenses under the laws
of another country to submit an application for restoration of civil rights
forfeited under the laws of the other country as a result of the
conviction. The provision excludes an offense involving violence, the
threat of violence, drugs or firearms, if the elements of the offense are
substantially similar elements of an offense under the laws of this state
punishable as a felony. 

The bill prohibits the individual from applying for restoration of civil
rights unless the conviction occurred two or more years before the date of
the application, if the offense is an offense under the laws of another
country. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.