LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 3, 2009 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1454 by West (Relating to the right to an expunction of records and files relating to a person's arrest. ), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure as it relates to the right to an expunction of records and files relating to a person's arrest. The bill would allow for an expunction in certain cases if a person has been released and the charge, if any, has not resulted in a final conviction, is no longer pending, and there was no court-ordered community supervision. The provisions for an expunction would not apply to a Class C misdemeanor. The bill would expand the pool of persons who are eligible to seek an expunction of records and files relating to a person's arrest, which would likely cause an increase in the number of petitions filed in district courts. However, it is assumed that the increase in petitions could be reasonably handled within current resources and funding. The bill would also repeal Article 55.01(a-1), Code of Criminal Procedure. The bill would take effect immediately if it receives a two-thirds vote of all the members in each house, otherwise it would take effect on September 1, 2009. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JOB, ESi, GG, MWU
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 3, 2009
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1454 by West (Relating to the right to an expunction of records and files relating to a person's arrest. ), Committee Report 1st House, Substituted
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB1454 by West (Relating to the right to an expunction of records and files relating to a person's arrest. ), Committee Report 1st House, Substituted
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
SB1454 by West (Relating to the right to an expunction of records and files relating to a person's arrest. ), Committee Report 1st House, Substituted
SB1454 by West (Relating to the right to an expunction of records and files relating to a person's arrest. ), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure as it relates to the right to an expunction of records and files relating to a person's arrest. The bill would allow for an expunction in certain cases if a person has been released and the charge, if any, has not resulted in a final conviction, is no longer pending, and there was no court-ordered community supervision. The provisions for an expunction would not apply to a Class C misdemeanor. The bill would expand the pool of persons who are eligible to seek an expunction of records and files relating to a person's arrest, which would likely cause an increase in the number of petitions filed in district courts. However, it is assumed that the increase in petitions could be reasonably handled within current resources and funding. The bill would also repeal Article 55.01(a-1), Code of Criminal Procedure. The bill would take effect immediately if it receives a two-thirds vote of all the members in each house, otherwise it would take effect on September 1, 2009.
The bill would amend the Code of Criminal Procedure as it relates to the right to an expunction of records and files relating to a person's arrest. The bill would allow for an expunction in certain cases if a person has been released and the charge, if any, has not resulted in a final conviction, is no longer pending, and there was no court-ordered community supervision. The provisions for an expunction would not apply to a Class C misdemeanor. The bill would expand the pool of persons who are eligible to seek an expunction of records and files relating to a person's arrest, which would likely cause an increase in the number of petitions filed in district courts. However, it is assumed that the increase in petitions could be reasonably handled within current resources and funding. The bill would also repeal Article 55.01(a-1), Code of Criminal Procedure. The bill would take effect immediately if it receives a two-thirds vote of all the members in each house, otherwise it would take effect on September 1, 2009.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
LBB Staff: JOB, ESi, GG, MWU
JOB, ESi, GG, MWU