Texas Senate Bill SB224

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of Senate Committee: 4/15/09

Caption

Relating to the power of a licensing authority to revoke, suspend, or deny a license on the basis of certain criminal proceedings.

Impact

The implementation of SB224 has the potential to significantly alter the regulation of occupational licenses across various fields in Texas. By preventing licensing authorities from considering certain criminal charges retroactively, particularly when they have been dismissed, the bill aims to promote second chances for individuals who have made mistakes in the past. This change is anticipated to enhance workforce participation by allowing individuals with prior offenses the opportunity to pursue careers that may have previously been barred to them, thereby addressing employment barriers rooted in criminal history.

Summary

SB224 aims to modify the criteria under which a licensing authority in Texas can revoke, suspend, or deny a professional license based on criminal proceedings. The bill introduces specific guidelines that limit the circumstances under which criminal convictions can be considered by employment licensing authorities. Notably, it stipulates that a person will not be deemed to have been convicted of an offense if they entered a plea of guilty and later had their proceedings dismissed upon successful completion of supervision. This provision seeks to provide a pathway for individuals to regain their professional licenses after fulfilling legal obligations without the burden of a criminal record impacting their employment prospects.

Contention

While supporters of SB224 argue that it fosters inclusivity and helps reintegrate individuals into society after resolving their legal issues, critics may raise concerns regarding public safety. The bill includes provisions that allow a licensing authority to still consider a person's criminal record if they determine that the individual poses a threat to public safety or has the potential to repeat their offenses in a licensed capacity. This presents a delicate balance between providing opportunities for rehabilitation and ensuring the well-being of the public.

Notable_points

The effectiveness of SB224 will rely heavily on the discretion of licensing authorities in determining what constitutes a potential threat to public safety. Additionally, the bill explicitly excludes individuals in certain fields, such as law enforcement and public health, from receiving the same leniency, emphasizing the continued prioritization of safety in those occupational areas.