Texas Senate Bill SB1973

Texas 2023 - 88th Regular

• Filed: 3/8/23
• Out of Senate Committee: 4/12/23
• Voted on by Senate: 4/20/23

Caption

Relating to criminal history record information for certain special master, magistrate, referee, or other court official applicants appointed or employed by state judges.

Impact

The bill, upon enactment, will amend the Government Code, specifically Chapter 54, to include provisions for criminal history record checks for applicants. Courts are required to obtain complete fingerprints and conduct background checks via the Department of Public Safety and the FBI. This change will formalize the recruitment standards for these positions and seeks to enhance the reliability of the individuals appointed to assess bail conditions. This legislative measure will potentially restrict individuals with certain criminal histories from serving in impactful judicial roles.

Summary

SB1973 seeks to strengthen the appointment process for special masters, magistrates, referees, or other court officials involved in bail determinations by mandating mandatory criminal background checks. This legislation is a response to concerns regarding the potential placement of individuals with criminal histories in sensitive judicial roles that could impact bail decisions. The bill's enforcement of background checks aims to uphold the integrity of the judicial system and ensure that those making crucial legal assessments possess a clean record.

Sentiment

Overall sentiment around SB1973 has been notably supportive, particularly among law enforcement and judicial associations. Key figures like James Burnell from the Dallas Police Association have expressed strong backing for the bill, emphasizing its importance in maintaining public safety and judicial integrity. The unanimous passage of the bill in the Senate further reflects broad bipartisan agreement on the issue, although there may be pockets of concern regarding the implementation specifics and the potential implications for the courts' operational procedures.

Contention

While there is strong support for SB1973, there are discussions about the balance between background checks and the merit of individuals seeking appointment to these judicial roles. Critics might argue that overly stringent background checks could disqualify potentially qualified candidates who have faced past challenges but have since rehabilitated. Nonetheless, the predominant viewpoint in discussions has centered around ensuring that those entrusted with critical judicial functions are thoroughly vetted to prevent any lapse of trust in the judicial system.

Texas Constitutional Statutes Affected

Government Code

• Chapter 54. Masters; Magistrates; Referees; Associate Judges
  • Section: New Section
  • Section: New Section
  • Section: New Section

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