Relating to the expunction of arrest records and files by a statutory county court.
Impact
If enacted, HB 2229 would simplify the process of expunction for individuals who have faced wrongful arrest by providing them with a clearer and quicker path to having their records cleared. The changes facilitate that expunction orders must be entered within a specified timeframe after acquittal or upon receiving notice of relief. This aligns with broader goals within the legislative framework to improve the lives of individuals adversely affected by their arrest records, potentially aiding in their reintegration into society and affecting future employment opportunities.
Summary
House Bill 2229 aims to amend the Code of Criminal Procedure regarding the expunction of arrest records and files, specifically allowing statutory county courts to handle these proceedings. The bill seeks to streamline the process by which individuals can have their arrest records expunged following acquittal or other qualifying criteria, thereby enhancing access to justice for those affected by wrongful arrests. This legislation is particularly significant as it addresses the jurisdictions of statutory county courts concerning expunction proceedings, establishing concurrent jurisdiction with district courts for specific cases.
Sentiment
The sentiment surrounding HB 2229 appears generally positive, particularly among advocacy groups and legislators who support criminal justice reform. Proponents argue that the bill will help rectify injustices faced by wrongfully accused individuals and reduce barriers they encounter due to an arrest record. However, some concerns have been raised regarding the administrative changes this bill entails and whether all courts are adequately prepared to handle the influx of expunction cases, which underscores a debate about resource allocation within the judiciaries.
Contention
A notable point of contention discussed in the legislature relates to the potential administrative burden on statutory county courts that may arise due to the new expunction process. Critics argue that expanding the jurisdiction of these courts for handling expunction cases could lead to delays and inefficiencies, especially if appropriate resources and training are not provided. Furthermore, discussions about the associated fees for filing expunction petitions also raised concerns over access to justice, as costs could still be prohibitive for some individuals seeking to clear their records.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 55. Expunction Of Criminal Records
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 102. Costs, Fees, And Fines Paid By Defendants
Relating to the automatic expunction of arrest records and files for certain public safety employees who successfully complete a public safety employees treatment court program.
Relating to the automatic expunction of arrest records and files for certain public safety employees who successfully complete a public safety employees treatment court program.
Relating to the recusal or disqualification of a statutory probate judge or other judge authorized to hear probate, guardianship, or mental health matters, and the subsequent assignment of another judge.
Relating to the recusal or disqualification of a statutory probate judge or other judge authorized to hear probate, guardianship, or mental health matters, and the subsequent assignment of another judge.
Relating to the recusal or disqualification of a statutory probate judge or other judge authorized to hear probate, guardianship, or mental health matters, and the subsequent assignment of another judge.
Relating to the recusal or disqualification of a statutory probate judge or other judge authorized to hear probate, guardianship, or mental health matters, and the subsequent assignment of another judge.