LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 13, 2011 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2889 by Madden (Relating to the expunction of records and files relating to a person's arrest.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would add a provision in Article 55.01, Code of Criminal Procedure to allow for an expunction of an individual's arrest if the prosecutor declines to go forward with the case and, after receiving notice of the petition for expunction, does not object. The bill would make expunctions available to a broader group; however, based on the language of the bill, the petition cannot go forward unless it is uncontested. According to the Office of Court Administration, uncontested hearings should not tax court dockets or resources. 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, 697 Board of Pardons and Paroles LBB Staff: JOB, ESi, GG, YD
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
May 13, 2011
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2889 by Madden (Relating to the expunction of records and files relating to a person's arrest.), As Engrossed
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB2889 by Madden (Relating to the expunction of records and files relating to a person's arrest.), As Engrossed
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
HB2889 by Madden (Relating to the expunction of records and files relating to a person's arrest.), As Engrossed
HB2889 by Madden (Relating to the expunction of records and files relating to a person's arrest.), As Engrossed
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would add a provision in Article 55.01, Code of Criminal Procedure to allow for an expunction of an individual's arrest if the prosecutor declines to go forward with the case and, after receiving notice of the petition for expunction, does not object. The bill would make expunctions available to a broader group; however, based on the language of the bill, the petition cannot go forward unless it is uncontested. According to the Office of Court Administration, uncontested hearings should not tax court dockets or resources.
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, 697 Board of Pardons and Paroles
212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 697 Board of Pardons and Paroles
LBB Staff: JOB, ESi, GG, YD
JOB, ESi, GG, YD