Texas House Bill HB1076

Texas 2019 - 86th Regular

Caption

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

Impact

The bill modifies existing laws in the Government Code by establishing new sections that detail the procedure for obtaining an order of nondisclosure. Notably, offenders can petition for this order only after completing their community supervision for at least five years. The process also includes judicial oversight, where the court must determine if nondisclosure is in the 'best interest of justice.' However, the bill explicitly precludes nondisclosure for offenses deemed violent or sexual in nature, thus maintaining a level of accountability for serious crimes.

Summary

House Bill 1076 pertains to the eligibility of certain criminal defendants to obtain an order of nondisclosure concerning their criminal history record information. Specifically, this bill introduces provisions for individuals placed on community supervision following a conviction of state jail felonies. The proposed changes aim to assist those who have completed their community supervision terms, including necessary terms of confinement and payment of related fines or restitution, in petitioning for nondisclosure of their criminal records after a specified period.

Contention

Key points of contention surrounding HB 1076 involve the balance between rehabilitating offenders and the public's right to access criminal history information. Supporters of the bill argue that enabling individuals to move on from state jail felony convictions without the stigma of their criminal records will support reintegration into society and reduce recidivism. Opponents, on the other hand, may raise concerns about the implications of nondisclosure on community safety and public awareness regarding certain offenders' backgrounds. The potential impact on public records and the legal framework governing criminal justice transparency are likely to be contentious issues as the bill advances.