Texas 2013 - 83rd Regular

Texas House Bill HB3058

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to restricting access to records of children convicted of or receiving deferred disposition for certain fine-only misdemeanors.

Impact

This legislation would significantly alter the way records of juvenile offenders are handled in Texas. By classifying certain records as confidential, the bill is positioned to prevent the disclosure of sensitive information to the public, aligning with broader juvenile justice reform efforts to foster a rehabilitative model for youth rather than a punitive one. The proposed changes would also clarify who can access these records, limited to judicial and legal entities, which is expected to help in shielding youth from the negative consequences of having public access to their criminal records.

Summary

House Bill 3058 seeks to restrict public access to records associated with children convicted of, or receiving deferred disposition for, certain fine-only misdemeanors. The bill amends various articles in the Code of Criminal Procedure and the Family Code, focusing primarily on misdemeanors punishable by fines only, excluding traffic offenses. The intent of this legislation is to protect the privacy of juvenile offenders by ensuring that their records remain confidential unless specific exceptions apply, thereby promoting rehabilitation rather than stigmatization of youth involved in the criminal justice system.

Sentiment

The sentiment surrounding House Bill 3058 appears to be generally positive, especially among advocates for juvenile justice reform. Supporters argue that sealing records for minor offenses can prevent lifelong repercussions for young individuals and facilitate their reintegration into society. However, potential contention remains with those who argue for the need for transparency in the justice system, fearing that too much confidentiality could hinder accountability and public safety.

Contention

Notable points of contention included concerns from law enforcement and some sections of the community about the implications of sealing records, particularly regarding public safety and recidivism. Critics are worried that by making these records confidential, it may complicate potential background checks for youth who may apply for jobs or scholarships in the future. Nonetheless, proponents of HB 3058 maintain that the focus should be on rehabilitation, and safeguarding the privacy of juvenile offenders is an essential step towards achieving this goal.

Companion Bills

TX SB394

Identical Relating to restricting access to records of children convicted of or receiving deferred disposition for certain fine-only misdemeanors.

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