Relating to the nonsubstantive revision of certain laws concerning community supervision granted in criminal cases, including conforming amendments.
Impact
The implications of SB1096 include a standardized framework for handling cases that involve community supervision, which complements ongoing efforts to reform the criminal justice system. The bill allows defendants who successfully complete their deferred adjudication to petition for nondisclosure of their criminal records after fulfilling specific requirements. This shift is significant for individuals seeking to reintegrate into society without the stigma of a criminal record affecting their opportunities for employment and housing.
Summary
SB1096 addresses the nonsubstantive revision of legal provisions related to community supervision in criminal cases. This bill seeks to amend and align various statutes under the Government Code and the Code of Criminal Procedure to enhance clarity and consistency regarding community supervision practices, particularly concerning deferred adjudication. One of the significant revisions involves stipulating the conditions under which individuals on deferred adjudication can petition for an order of nondisclosure concerning their criminal records Once certain conditions are met, they may seek to prevent the public disclosure of related criminal history record information under defined circumstances.
Contention
While proponents of SB1096 argue that it provides necessary support to those who have completed their community supervision, allowing for a second chance, there are concerns about the balance between public safety and the rights of individuals seeking to move on from their past offenses. Opponents may argue that easing access to nondisclosure could undermine public trust in the judicial system and the transparency of criminal records. Legislative discussions have emphasized the importance of maintaining accountability while offering pathways for rehabilitation.
Identical
Relating to the nonsubstantive revision of certain laws concerning community supervision granted in criminal cases, including conforming amendments.
Relating to jury instructions regarding parole eligibility, to certain conditions of bail and community supervision, and to the early termination of community supervision and the dismissal and discharge of deferred adjudication community supervision.
Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole of certain persons convicted of sexual assault and aggravated sexual assault.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes and to the nonsubstantive codification or disposition of various laws omitted from enacted codes.
Relating to increasing criminal penalties for the manufacture or delivery of certain controlled substances; changing the eligibility for community supervision, deferred adjudication community supervision, or mandatory supervision.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.
Relating to conditions of community supervision and procedures applicable to the reduction or termination of a defendant's period of community supervision.
Relating to conditions of community supervision and procedures applicable to the reduction or termination of a defendant's period of community supervision.
Relating to pretrial diversion programs funded by the community justice assistance division of the Texas Department of Criminal Justice and the provision of training and technical assistance provided by the division.