LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 18, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB351 by Veasey (Relating to the 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 by expanding the types of circumstances by which a person is eligible for an expunction of records and files relating to an arrest. The bill would allow for the expunction of records for persons convicted and subsequently granted relief on the basis of actual innocence which would result in an increase in expunctions by an estimated twelve (12), or less, cases per year. The bill would allow a person to expunge records if he/she was not charged via an indictment or information has been dismissed following the arrest, and if the attorney representing the state determines that the arrest records and files are not needed for other criminal investigations. Currently, the persons seeking expunctions must wait until the statute of limitations expires. The provisions in this bill could cause an increase in the number of expunctions filed for new arrests and those arrests which are currently waiting for the statute of limitations to expire. The prosecutor can agree to the expunction without considering the statute of limitations or lack of probable cause. The Office of Court Administration and the Texas Department of Criminal Justice anticipate no significant fiscal impact from the bill. This analysis assumes that the Department of Public Safety could implement the provisions of the bill within existing resources. The Board of Pardons and Paroles anticipates an impact, but cannot determine whether it would be significant as the number of persons affected cannot be determined. Local Government Impact No 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, YD, TB, AI
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
April 18, 2011
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB351 by Veasey (Relating to the expunction of records and files relating to a person's arrest. ), Committee Report 1st House, Substituted
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB351 by Veasey (Relating to the expunction of records and files relating to a person's arrest. ), Committee Report 1st House, Substituted
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
HB351 by Veasey (Relating to the expunction of records and files relating to a person's arrest. ), Committee Report 1st House, Substituted
HB351 by Veasey (Relating to the 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 by expanding the types of circumstances by which a person is eligible for an expunction of records and files relating to an arrest. The bill would allow for the expunction of records for persons convicted and subsequently granted relief on the basis of actual innocence which would result in an increase in expunctions by an estimated twelve (12), or less, cases per year. The bill would allow a person to expunge records if he/she was not charged via an indictment or information has been dismissed following the arrest, and if the attorney representing the state determines that the arrest records and files are not needed for other criminal investigations. Currently, the persons seeking expunctions must wait until the statute of limitations expires. The provisions in this bill could cause an increase in the number of expunctions filed for new arrests and those arrests which are currently waiting for the statute of limitations to expire. The prosecutor can agree to the expunction without considering the statute of limitations or lack of probable cause. The Office of Court Administration and the Texas Department of Criminal Justice anticipate no significant fiscal impact from the bill. This analysis assumes that the Department of Public Safety could implement the provisions of the bill within existing resources. The Board of Pardons and Paroles anticipates an impact, but cannot determine whether it would be significant as the number of persons affected cannot be determined.
The bill would amend the Code of Criminal Procedure by expanding the types of circumstances by which a person is eligible for an expunction of records and files relating to an arrest. The bill would allow for the expunction of records for persons convicted and subsequently granted relief on the basis of actual innocence which would result in an increase in expunctions by an estimated twelve (12), or less, cases per year. The bill would allow a person to expunge records if he/she was not charged via an indictment or information has been dismissed following the arrest, and if the attorney representing the state determines that the arrest records and files are not needed for other criminal investigations.
Currently, the persons seeking expunctions must wait until the statute of limitations expires. The provisions in this bill could cause an increase in the number of expunctions filed for new arrests and those arrests which are currently waiting for the statute of limitations to expire. The prosecutor can agree to the expunction without considering the statute of limitations or lack of probable cause.
The Office of Court Administration and the Texas Department of Criminal Justice anticipate no significant fiscal impact from the bill. This analysis assumes that the Department of Public Safety could implement the provisions of the bill within existing resources. The Board of Pardons and Paroles anticipates an impact, but cannot determine whether it would be significant as the number of persons affected cannot be determined.
Local Government Impact
No 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, YD, TB, AI
JOB, ESi, GG, YD, TB, AI