Texas 2023 - 88th Regular

Texas Senate Bill SB686

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

Caption

Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.

Impact

The implementation of SB686 is expected to significantly impact state laws concerning criminal records management and expunction procedures. Specifically, it will simplify the expunction process, allowing eligible individuals to have their records cleared not only more rapidly but also without incurring any financial burden. This change addresses a critical gap in the legal system, where financial barriers can prevent individuals from fully reintegrating into society. Moreover, the law applies retroactively, potentially benefiting individuals whose records may have hindered their opportunities long before this bill was enacted.

Summary

SB686 is a legislative bill in Texas that focuses on amending the procedures for expunction of arrest records for individuals who successfully complete specified court programs, including veterans treatment courts, mental health courts, and pretrial intervention programs. The bill modifies existing laws to streamline the process, ensuring that those who have demonstrated rehabilitation through such programs can have their arrest records cleared more efficiently. By mandating that courts expunge records within a set timeframe and eliminating fees associated with the expunction process, SB686 aims to provide a fresh start for individuals who have worked to overcome their past legal issues.

Sentiment

The sentiment around SB686 has been largely positive, especially among advocates for criminal justice reform and rehabilitation programs. Supporters argue that this bill represents a progressive step towards aiding reintegration for those who have made commendable efforts to improve their lives. However, some concerns have been raised regarding the broad application of expunction and potential misuse; critics fear that the expedited removal of records could be construed as an erosion of public safety. The debate reflects deeper tensions between reform efforts aimed at rehabilitation and the need for accountability in the criminal justice system.

Contention

One notable point of contention surrounding SB686 revolves around the balance of rehabilitation and public interests. While the bill is designed to assist those who have completed court-ordered programs, opponents are wary of the implications of allowing expunged records for potentially serious offenses. They argue that the expungement process should be more rigorous to ensure that only those who have truly turned their lives around benefit fully from the process. This highlights a fundamental conflict in perspectives on how best to achieve a fair and effective criminal justice system.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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

Government Code

  • Chapter 124. Veterans Treatment Court Program
    • Section: New Section
  • Chapter 125. Mental Health Court Programs
    • Section: New Section
  • Chapter 76. Community Supervision And Corrections Departments
    • Section: 011

Companion Bills

TX HB1907

Identical Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.

Previously Filed As

TX HB1907

Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.

TX SB537

Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.

TX HB2617

Relating to the procedures for the expunction of arrest records and files for certain persons.

Similar Bills

No similar bills found.