Texas 2023 - 88th Regular

Texas House Bill HB1405

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

Caption

Relating to the automatic expunction of arrest records and files for certain public safety employees who successfully complete a public safety employees treatment court program.

Impact

This legislation is expected to have a significant impact on state laws regarding the treatment of arrest records, particularly for public safety personnel. By introducing automatic expunction for those who have rehabilitated through treatment courts, HB 1405 aims to reduce the negative stigma associated with arrest records in the public safety sector. This change not only benefits individual employees by improving their chances for career advancement but also supports broader community trust in public safety roles by indicating a commitment to rehabilitation and accountability within the profession.

Summary

House Bill 1405 aims to streamline the process for expunging arrest records for public safety employees who have successfully completed a treatment court program. Specifically, the bill amends existing laws within the Code of Criminal Procedure to allow for automatic expunction under certain conditions, thereby enhancing the ability of public safety personnel to clear their names after successful rehabilitation. The bill outlines clear eligibility criteria for expunction, such as the completion of a public safety treatment court program and the absence of prior expunctions, ensuring that the process is fair and straightforward for those eligible.

Sentiment

The sentiment around HB 1405 appears to be largely positive, particularly among advocates for criminal justice reform and public safety employee groups. Supporters emphasize the bill's potential to facilitate reintegration for individuals who have shown a commitment to reform through successful completion of treatment programs. However, there may be concerns from some sectors regarding how these changes could impact the perceptions of accountability and transparency in law enforcement, particularly in cases of serious offenses.

Contention

While there is general support for the idea of expunging arrest records for rehabilitated individuals, critiques of HB 1405 could arise surrounding the criteria for eligibility and whether the expunction process, even when automatic, meets adequate standards for transparency and public accountability. Opponents may argue that even public safety personnel should face greater scrutiny in the light of their responsibilities. This bill thus navigates the delicate balance between supporting second chances for individuals and maintaining trust within law enforcement and public safety sectors.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 55. Expunction Of Criminal Records
    • Section: New Section
  • Chapter 102. Costs, Fees, And Fines Paid By Defendants
    • Section: New Section

Government Code

  • Chapter 129. Public Safety Employees Treatment Court Program
    • Section: 002

Companion Bills

TX SB1020

Identical Relating to the automatic expunction of arrest records and files for certain public safety employees who successfully complete a public safety employees treatment court program.

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