Texas House Bill HB3260

Texas 2023 - 88th Regular

• Filed: 3/2/23
• Out of House Committee: 4/10/23
• Voted on by House: 5/3/23

Caption

Relating to the expunction of arrest records and files by a statutory county court.

Impact

The introduction of HB 3260 could have significant implications for state laws concerning the expunction of criminal records. By transferring the authority to expunge records from district courts to statutory county courts, the bill represents a shift in how the legal system handles expunction cases. This change is expected to alleviate the backlog in district courts, as less complex cases of expunction will no longer require resources typically allocated for more serious matters. The bill could enhance the efficacy of the judicial mechanism surrounding arrest records, potentially allowing more individuals to successfully navigate the legal landscape toward record clearing.

Summary

House Bill 3260 aims to grant statutory county courts the authority to expunge arrest records for individuals who have been acquitted of crimes disposed of in these courts. Under current regulations, individuals seeking expunction must file petitions in district courts, which can be a more cumbersome legal process. The bill seeks to streamline this process by allowing statutory county courts to handle expunctions directly, thereby simplifying the pathway for eligible individuals to clear their records after an acquittal. This legislative move is seen as a step forward in improving access to justice for those wrongfully accused and acquitted.

Sentiment

The sentiment surrounding HB 3260 is largely supportive, especially among those who advocate for reform in the criminal justice system. Legislative discussions reflect a consensus on the need for more accessible legal remedies for individuals who have been wrongfully accused. Supporters argue that the bill enhances the fairness of the justice system by providing a clearer and more straightforward path to expunction for acquitted individuals. However, some concerns have been raised about the potential impacts on court workloads and the need for adequate resources to accommodate the proposed changes.

Contention

While there is broad support for HB 3260, discussions also highlight a few points of contention regarding its implementation. Some legislative members express concerns about ensuring that statutory county courts have the necessary capabilities and resources to handle these expunction cases effectively. Additionally, discussions suggest that there may be a need for further clarification on what constitutes eligibility for expunction to avoid any potential inconsistencies in application across various counties. These considerations point to the necessity of carefully managing the transition and ensuring that this reform leads to fair and equitable outcomes for all involved.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 55. Expunction Of Criminal Records
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 102. Costs, Fees, And Fines Paid By Defendants
  • Section: New Section

Government Code

• Chapter 25. Statutory County Courts
  • Section: 0003