Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2507 by Leach (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.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure and Government Code to entitle a person to an automatic order of nondisclosure upon successful completion of deferred adjudication for certain nonviolent misdemeanors. The bill would require a court to issue the order free of costs and without a petition.
The bill would require the Department of Public Safety (DPS) to identify certain persons entitled to the order and to notify clerks of those entitled on a monthly basis. Under the provisions of the bill, more defendants would be entitled to an order of nondisclosure. According to DPS, any costs associated with implementing the bill can be absorbed with existing resources.
Local Government Impact
The fiscal implications of the bill cannot be determined at this time. The Office of Court Administration indicates it cannot predict the number of defendants who will be entitled to an order under the bill's provisions. Whether courts can use existing resources depends on the number of defendants entitled to or requesting an order.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety