BILL ANALYSIS |
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C.S.H.B. 327 |
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By: Wu |
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Government Transparency & Operation |
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Committee Report (Substituted) |
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BACKGROUND AND PURPOSE
Class C misdemeanor offenses are the lowest classification of criminal offenses and can include truancy, traffic violations, public intoxication, bounced checks, public fighting, petty theft, and other offenses typically punishable by fine. Although these offenses may be considered minor, they can derail college and career plans when they turn up on criminal history reports, which employers and universities frequently require when making employment and admission decisions. The public availability of these records may similarly limit housing and other opportunities if a prospective landlord discovers a record in a criminal background check. Interested parties contend that variations in the way different counties handle records relating to Class C misdemeanors have serious implications for Texans who have made what many people consider minor mistakes in the past. C.S.H.B. 327 seeks to address the need for information about how Class C misdemeanor records are held in Texas counties.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 327 requires the Office of Court Administration of the Texas Judicial System to conduct a study on how records regarding Class C misdemeanors, other than traffic offenses, are held in different Texas counties. The bill requires the study to address, with respect to each county, the public availability of Class C misdemeanor conviction records, the public availability of any records relating to a suspension of sentence and deferral of final disposition for a Class C misdemeanor, and the public availability of either type of such records that are related to a child. The bill also requires the study to address, with respect to each county, whether public access to and availability of the records described by the bill have been expanded or restricted by the county over time, whether local agencies holding such records destroy those records, the reasons and criteria for any destruction of such records, and the retention schedule of each local agency holding such records if the agency routinely destroys the records. The bill requires the Office of Court Administration, not later than January 1, 2017, to issue a report on the study to the lieutenant governor, the speaker of the house of representatives, and the appropriate standing committees of the house of representatives and the senate. The bill's provisions expire September 1, 2017.
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2015. |
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 327 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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