Relating to restrictions on the disclosure of certain criminal history records and to the duty of law enforcement agencies regarding records associated with certain defendants; creating an offense.
Impact
The provisions outlined in HB 954 significantly amend Section 411.081 of the Government Code regarding the nondisclosure of criminal records. The bill emphasizes the conditions under which individuals can seek court orders to withhold their criminal history from public access, which could have substantial implications for employment opportunities, housing, and social acceptance for those previously involved in the criminal justice system. By facilitating the nondisclosure of these records, the bill aims to enhance public safety by encouraging rehabilitation and reintegration.
Summary
House Bill 954 introduces amendments to existing Texas laws concerning the disclosure of certain criminal history records and establishes new duties for law enforcement agencies. Specifically, the bill allows individuals who have successfully completed community supervision or deferred adjudication to petition the court for an order of nondisclosure. If granted, this order prevents criminal justice agencies from disclosing related criminal history information to the public, thereby facilitating the reintegration of individuals into society without the stigma of past offenses.
Contention
However, the bill also raises concerns regarding its potential implications on community safety and transparency in the criminal justice system. Critics may argue that effective public oversight is crucial in maintaining communal safety and that non-disclosure could hinder the ability of the public to make informed decisions. Furthermore, the imposition of a fee for filing a petition (set at $28) may create financial barriers for some individuals seeking to clear their records, raising questions about equity in the legal process.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.
Relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information for certain offenses committed when younger than 25 years of age.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Practice of medicine; creating the Supervised Physicians Act; limiting scope of supervised practice; directing specified Boards to promulgate certain rules; requiring collaborative practice arrangements; creating certain exemptions; effective date.
Board of Behavioral Sciences: marriage and family therapists: clinical social workers: professional clinical counselors: supervision of applicants for licensure via videoconferencing.