LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION March 27, 2009 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1916 by West (Relating to the automatic expunction of arrest records and files pertaining to an individual who has been pardoned.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to require a trial court to enter an expunction order if the defendant is subsequently pardoned, within 30 days of receiving notice of the pardon. The order must include a list of each entity of the state believed to hold any record or file that is subject to the order, and it must request that all records and files subject to the expunction order be returned to the court. The court must retain the records and files until the statute of limitations has run for any civil case or proceeding relating to the wrongful imprisonment of the person subject to the expunction order. The analysis assumes that the bill would pose no significant fiscal impact to the state. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 696 Department of Criminal Justice, 697 Board of Pardons and Paroles LBB Staff: JOB, ESi, GG, MWU
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
March 27, 2009
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1916 by West (Relating to the automatic expunction of arrest records and files pertaining to an individual who has been pardoned.), As Introduced
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB1916 by West (Relating to the automatic expunction of arrest records and files pertaining to an individual who has been pardoned.), As Introduced
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
SB1916 by West (Relating to the automatic expunction of arrest records and files pertaining to an individual who has been pardoned.), As Introduced
SB1916 by West (Relating to the automatic expunction of arrest records and files pertaining to an individual who has been pardoned.), As Introduced
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 to require a trial court to enter an expunction order if the defendant is subsequently pardoned, within 30 days of receiving notice of the pardon. The order must include a list of each entity of the state believed to hold any record or file that is subject to the order, and it must request that all records and files subject to the expunction order be returned to the court. The court must retain the records and files until the statute of limitations has run for any civil case or proceeding relating to the wrongful imprisonment of the person subject to the expunction order. The analysis assumes that the bill would pose no significant fiscal impact to the state.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 696 Department of Criminal Justice, 697 Board of Pardons and Paroles
212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 696 Department of Criminal Justice, 697 Board of Pardons and Paroles
LBB Staff: JOB, ESi, GG, MWU
JOB, ESi, GG, MWU