Texas 2015 - 84th Regular

Texas House Bill HB329

Filed
11/18/14  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to orders of nondisclosure issued for records of certain fine-only misdemeanors; authorizing a fee.

Impact

The implications of HB 329 are significant for state laws regarding criminal justice and public records. By enabling the sealing of fine-only misdemeanor records, this bill seeks to reduce the stigma associated with minor criminal offenses, facilitating reintegration efforts for previously convicted individuals into society. The move is anticipated to alleviate barriers faced by these individuals in employment and other areas of public life. Additionally, the bill includes provisions for the collection of a fee associated with filing a petition for nondisclosure, which may impact the accessibility of this process for some individuals, depending on their financial situations.

Summary

House Bill 329 aims to modify the conditions surrounding orders of nondisclosure for certain records relating to fine-only misdemeanors in Texas. The key feature of this legislation is that it allows individuals who have been convicted or have received a dismissal for a fine-only misdemeanor, with specific exclusions, to petition the court for an order of nondisclosure. This means that their criminal records would effectively be sealed from public access, providing individuals a chance to minimize the long-term impact of minor offenses on their lives. The bill sets clear parameters for eligibility, ensuring that those with more serious criminal backgrounds, particularly related to sex offenses or family violence, are excluded from seeking such relief.

Sentiment

The general sentiment surrounding HB 329 was largely supportive, particularly among advocacy groups focused on criminal justice reform. Proponents argue that the legislation is a progressive step towards providing individuals with a fresh start after minor legal troubles. However, there were concerns raised regarding the potential implications of additional fees that might hinder access for some petitioners. Overall, the support for the bill underscores a growing awareness of the need to reinforce second-chance policies while balancing public safety measures.

Contention

Notable points of contention included discussions on whether the introduction of a fee for filing petitions could create barriers for low-income individuals seeking to clear their records. Furthermore, some legislators expressed concerns that the processes surrounding nondisclosure might not provide adequate checks to ensure that individuals with serious offenses do not exploit the system. The need for ongoing monitoring and evaluation of how effectively these nondisclosure orders are implemented and adhered to was emphasized by several stakeholders, ensuring that public safety remains a priority.

Companion Bills

TX SB563

Identical Relating to orders of nondisclosure issued for records of certain fine-only misdemeanors; authorizing a fee.

Similar Bills

LA HB124

Provides relative to the dissemination of material obtained through discovery or compulsory processes (OR SEE FISC NOTE GF EX)

CA AB1370

State Legislature: nondisclosure agreements.

TX SB219

Relating to orders of nondisclosure of criminal history record information for certain criminal defendants.

TX SB1902

Relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information; authorizing a fee.

TX HB3936

Relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information; authorizing a fee.

TX HB3547

Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information; authorizing a fee.

TX HB3016

Relating to the eligibility of a criminal defendant for an order of nondisclosure of criminal history record information.

CA SB339

Engineers, land surveyors, and geologists and geophysicists: nondisclosure agreements: reporting.