Relating to orders of nondisclosure of criminal history record information for certain criminal defendants.
Impact
If enacted, the bill would provide clear procedures that enhance the ability of certain individuals to obtain orders of nondisclosure after completing their community supervision. It modifies existing provisions under the Code of Criminal Procedure and Government Code related to nondisclosure of criminal history, which could lead to significant changes in how criminal cases are treated post-adjudication. The bill establishes that individuals who fulfill specific conditions, including the completion of terms related to community supervision, may automatically qualify for nondisclosure status.
Summary
SB219 seeks to modify Texas laws related to orders of nondisclosure for certain criminal defendants. Specifically, it aims to streamline the process by which individuals who have completed certain types of community supervision can have their criminal history records sealed from public view. This bill is particularly relevant for those who have received deferred adjudication for misdemeanors, allowing them automatic eligibility for nondisclosure under specified conditions, thereby reducing barriers for reintegration into society.
Contention
While SB219 presents a structured approach to facilitate the sealing of criminal records for eligible individuals, the bill's provisions have stirred debate regarding the types of offenses eligible for nondisclosure, particularly concerning more serious offenses. There are concerns about balancing public safety with reintegrative justice. Additionally, provisions that prevent those with violent or sexual offenses from receiving nondisclosure have raised discussions on fairness and the potential for adequate second chances for those previously convicted.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 42. Judgment And Sentence
Section: New Section
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants who successfully complete a period of community supervision following conviction; authorizing a fee.
Relating to orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information for certain offenses committed when younger than 25 years of age.
Relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information for certain offenses committed when younger than 25 years of age.