Bill

SB 1172

83(R) - 2013
Criminal Justice

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Positive
  • Neutral
  • Neutral

Author(s)

Royce West

Bill Caption

Relating to the eligibility of certain criminal defendants for an order of nondisclosure; authorizing a fee.

Fiscal Notes

Although the bill is anticipated to generate additional revenue, the fiscal implications of the bill cannot be determined at this time due to a lack of data on the number of potential petitions that will be filed as a result of the bill. The bill is expected to have a positive fiscal impact on local government entities because they retain a portion of civil filing fees. However, the fiscal implications of the bill cannot be determined at this time because of a lack of data on the number of petitions that would be filed as a result of the bill.

Bill Analysis

Summary: Under current law, a court has the option to reduce or terminate community supervision upon a defendant's successful completion of a portion of the supervision period and subsequently set aside the conviction. Records relating to an offense for which community supervision has been successfully completed can be sealed. However, a conviction that has been set aside may be disclosed to the publc and may be revealed in a criminal history record information search. SB 1172 would allow individuals whose convictions have been set aside to petition a court for an order of nondisclosure. This bill would require a $28 fee on filing of the petition.

Analysis: SB 1172 would increase personal responsibility by allowing more individuals to receive orders of nondisclosure. We support SB 1172.