Texas 2023 - 88th Regular

Texas House Bill HB392

Filed
11/14/22  
Out of House Committee
3/22/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the date on which certain persons placed on deferred adjudication community supervision are eligible to file a petition for an order of nondisclosure of criminal history record information.

Impact

If passed, HB 392 will significantly impact the existing laws governing criminal records and the rights of individuals under deferred adjudication. By allowing earlier petitions for nondisclosure, the bill addresses some of the lifelong barriers that individuals with criminal records face, such as challenges in securing jobs, housing, and educational opportunities. The change is intended to promote reintegration into the community for those who have successfully completed their supervision and have not reoffended, which could have positive social and economic ramifications.

Summary

House Bill 392, authored by Representative Thompson, seeks to amend the eligibility timeline for individuals placed on deferred adjudication community supervision to file for an order of nondisclosure of their criminal history records. Currently, the law allows certain individuals limited access to seek nondisclosure after a specific period post-discharge. This bill aims to shorten that time frame significantly, allowing these individuals to petition the courts sooner for nondisclosure, thereby facilitating their reentry into society and increasing their chances of obtaining employment and housing without the stigma associated with having a criminal record.

Sentiment

The sentiment around House Bill 392 appears to be largely positive among advocacy groups and those who support criminal justice reform. Proponents argue that the bill is a step forward in reducing systemic barriers and promoting fair treatment of individuals with records. During committee discussions, supporters from organizations like the Texas Fair Defense Project voiced the necessity of such legislation to aid reintegration into society. However, some concerns were raised regarding the potential implications for public safety and the balance between rehabilitation and accountability.

Contention

While many support the intent of HB 392, there are notable concerns regarding its potential implications on the legal and criminal justice framework. Critics may express that, while the intention is to empower individuals towards a successful reintegration, there is a need to ensure that this does not come at the expense of public safety. As the bill progresses, monitoring the debates will be essential to understand fully the various perspectives involved and any amendments that may be proposed to mitigate concerns.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: 0725
    • Section: 0725

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.