Texas House Bill HB4382

Texas 2023 - 88th Regular

• Filed: 3/9/23
• Out of House Committee: 5/5/23
• Voted on by House: 5/9/23

Caption

Relating to the timely reporting of criminal case dispositions to the Department of Public Safety and to the allocation of certain grant money.

Impact

The impact of HB 4382 is largely centered on enhancing the integrity of firearm background checks by ensuring that timely conviction data is accessible. By stipulating a five-day reporting requirement, the bill promotes accountability among local courts and aims to prevent convicted individuals from acquiring firearms. This operational shift is expected to affect how local courts manage their reporting protocols and could lead to changes in staffing or resource allocation to comply with the new requirements. Furthermore, the bill introduces financial implications for local counties, as failing to meet these reporting standards could result in loss of grant funding necessary for criminal justice programs.

Summary

House Bill 4382 aims to improve the responsiveness of local courts in reporting criminal case dispositions to the Texas Department of Public Safety (DPS). Specifically, it mandates that county courts must report felony convictions within five days, a significant reduction from the previous 30-day requirement. This change is intended to enhance the accuracy of the criminal justice information system, thereby reducing the risk that individuals who are ineligible to own firearms can clear background checks during the reporting lag. Additionally, the bill ties the timeliness of reporting to eligibility for certain grant allocations, incentivizing compliance among local jurisdictions.

Sentiment

The sentiment around HB 4382 appears mixed, with supporters arguing that it is a necessary measure for public safety and the efficient functioning of the criminal justice system. Proponents, including some legislative members, view the bill as a proactive response to concerns about firearm accessibility for individuals with felony convictions. Conversely, opponents have expressed concerns regarding the potential burden on local courts and taxpayers. Critics argue that the stipulations may place an unreasonable strain on resources, especially for those counties that currently struggle to meet reporting requirements. This dichotomy in sentiment underscores the delicate balance between enhancing public safety and preserving local governance capacities.

Contention

Key points of contention surrounding HB 4382 include the accelerated reporting timeline and the implications for local government operations. Some stakeholders have criticized the bill for imposing harsh penalties on local jurisdictions that fail to meet the reporting deadlines, which they argue will disproportionately affect taxpayers. The bill's relationship with grant funding further complicates its reception, as local governments may face significant fiscal challenges if they are unable to comply with the new regulations. The debate reflects ongoing tensions between state mandates and local control, with discussions highlighting differing philosophies on governance and accountability within the criminal justice framework.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 66. Criminal History Record System
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