LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION April 24, 2023 TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2193 by Davis (Relating to the automatic expunction of all records and files related to arrests for certain misdemeanor offenses.), As Introduced The fiscal implications of the bill cannot be determined because the timing and number of orders for expunction resulting from provisions of the bill is unknown. The bill would provide for the automatic expunction of records related to a person's arrest for certain misdemeanors. The bill would provide the same rights and privileges afforded to persons requesting expunction under the Code of Criminal Procedure, including restricting a private entity from disseminating the expunged information. The bill would impose a 10-year waiting period for the expunction and require a court to issues an expunction no later than 30 days after expiration of the waiting period. The bill would also waive all fees and costs associated with the expunction.Based on information provided by the Comptroller of Public Accounts, the changes provided by the bill regarding expunction and disclosure could result in reduced fee revenue in amounts that cannot be determined, but would not be expected to be significant.Based on the analysis of the Office of Court Administration, the fiscal impact to the state court system cannot be determined due to the unknown number of eligible persons who have committed misdemeanor offenses before, on, or after the effective date of this bill and the timing of the orders. Local Government ImpactThe fiscal implications of the bill cannot be determined at this time. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council LBB Staff: b > td > JMc, DDel, MW, JPa
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
April 24, 2023
TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2193 by Davis (Relating to the automatic expunction of all records and files related to arrests for certain misdemeanor offenses.), As Introduced
TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB2193 by Davis (Relating to the automatic expunction of all records and files related to arrests for certain misdemeanor offenses.), As Introduced
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB2193 by Davis (Relating to the automatic expunction of all records and files related to arrests for certain misdemeanor offenses.), As Introduced
HB2193 by Davis (Relating to the automatic expunction of all records and files related to arrests for certain misdemeanor offenses.), As Introduced
The fiscal implications of the bill cannot be determined because the timing and number of orders for expunction resulting from provisions of the bill is unknown.
The fiscal implications of the bill cannot be determined because the timing and number of orders for expunction resulting from provisions of the bill is unknown.
The bill would provide for the automatic expunction of records related to a person's arrest for certain misdemeanors. The bill would provide the same rights and privileges afforded to persons requesting expunction under the Code of Criminal Procedure, including restricting a private entity from disseminating the expunged information. The bill would impose a 10-year waiting period for the expunction and require a court to issues an expunction no later than 30 days after expiration of the waiting period. The bill would also waive all fees and costs associated with the expunction.Based on information provided by the Comptroller of Public Accounts, the changes provided by the bill regarding expunction and disclosure could result in reduced fee revenue in amounts that cannot be determined, but would not be expected to be significant.Based on the analysis of the Office of Court Administration, the fiscal impact to the state court system cannot be determined due to the unknown number of eligible persons who have committed misdemeanor offenses before, on, or after the effective date of this bill and the timing of the orders.
Based on information provided by the Comptroller of Public Accounts, the changes provided by the bill regarding expunction and disclosure could result in reduced fee revenue in amounts that cannot be determined, but would not be expected to be significant.Based on the analysis of the Office of Court Administration, the fiscal impact to the state court system cannot be determined due to the unknown number of eligible persons who have committed misdemeanor offenses before, on, or after the effective date of this bill and the timing of the orders.
Based on the analysis of the Office of Court Administration, the fiscal impact to the state court system cannot be determined due to the unknown number of eligible persons who have committed misdemeanor offenses before, on, or after the effective date of this bill and the timing of the orders.
Local Government Impact
The fiscal implications of the bill cannot be determined at this time.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: b > td > JMc, DDel, MW, JPa
JMc, DDel, MW, JPa