Enrolled Bill Summary

House Bill 1426	House Author:  Allen et al.
Effective:  Vetoed	Senate Sponsor:  Burton et al.

            House Bill 1426 amends the Code of Criminal Procedure to make a person eligible for a certificate of relief from collateral consequences if the person successfully completes a term of deferred adjudication community supervision and the judge dismisses the proceedings and discharges the person or a term of community supervision and the person's conviction is set aside. The bill prohibits the use of the applicable criminal history record information of such a person as grounds for denying, suspending, or revoking a professional or occupational license but nullifies the effect of the certificate if the appropriate licensing authority finds that the person has committed an offense that is a Class A misdemeanor or higher category of offense after receiving the certificate.

 

Governor's Reason for Veto: "One of the consequences of committing a crime is a criminal record. Both this session and last session, I have signed bills designed to help people with criminal records get jobs so they can lead productive lives. This is a worthy goal, but House Bill 1426 goes too far by prohibiting state licensing agencies from considering the criminal records of some who apply for a license. A license applicant's criminal background is something the licensing agency should be able to consider. If certain licensing agencies are unfairly discriminating against applicants with criminal records, that should be addressed at the agency board level or through more targeted legislation."