Texas 2023 - 88th Regular

Texas House Bill HB1907

Filed
2/3/23  
Out of House Committee
3/31/23  
Voted on by Senate
 
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

If enacted, HB 1907 will have notable implications on state law. It will compel courts to act promptly in granting expunctions, which could facilitate reintegration of individuals into society by reducing barriers associated with past arrests. The bill also emphasizes that no fees or costs can be charged for these expunctions, removing financial obstacles that might discourage eligible individuals from seeking relief. This legislative change could contribute to reducing the long-term impact of arrests on individuals, particularly for those who have engaged in rehabilitation programs.

Summary

House Bill 1907 aims to amend the current Code of Criminal Procedure regarding the expunction of arrest records for individuals who successfully complete certain court programs, such as veterans treatment courts, mental health courts, or pretrial intervention programs. The bill stipulates that courts are required to enter an order for expunction within 30 days following the dismissal of a case for participants who meet the criteria. This measure is intended to streamline the process of clearing a person's criminal record when they have taken significant steps towards rehabilitation through these programs.

Sentiment

The sentiment surrounding HB 1907 appears to be largely positive among lawmakers and advocates for criminal justice reform. Proponents argue that the bill is a step forward in promoting second chances and reducing the stigma associated with past arrests. However, there are concerns from some quarters that the expedited manner in which expunctions are granted may not allow sufficient scrutiny of whether an individual has truly rehabilitated, posing potential risks if individuals reoffend after expunction.

Contention

Notably, the bill has prompted discussions regarding the balance between facilitating expunctions and ensuring the integrity of the judicial process. Critics may argue that while supporting rehabilitation is important, there should be safeguards to evaluate the readiness of an individual for such relief. Additionally, the bill's provision that prevents charging fees for expunctions may lead to debates on how courts will sustain resources for processing these orders effectively without incurring costs.

Companion Bills

TX SB686

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 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 HB2497

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.

TX HB2617

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

TX SB1667

Relating to the procedures for the expunction of arrest records and files; authorizing a fee.

TX HB463

Relating to certain pretrial hearings for defendants charged with certain controlled substance offenses and the expunction of all records and files related to arrests for certain controlled substance offenses.

TX HB2229

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

TX SB2673

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

TX HB2006

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

TX HB2042

Relating to automatic expunction of arrest records and files for certain persons who are tried for an offense and subsequently acquitted and to the provision of certain records relating to that expunction.

TX HB2328

Relating to the procedures for the expunction of arrest records and files; authorizing a fee.

Similar Bills

No similar bills found.