If we do not succeed in 2003 then we will have to wait until 2005 for our next chance. Can you wait that long?
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Explanation of HB 181
Click here to read the bill.
This bill if passed will make it possible for people on deferred to have their records cleared once 5 or 10 years has passed.This bill would eliminate the loophole that employers use to find out about a persons records after 5 and 10 years. The law concerning DA is very clear that DA is not a conviction however, employers even the the state of Texas do not see it that way, they know that DA is not a conviction but they use DA as a disqualifier anyway. Reading DA as a conviction goes against the essence of what the Texas penal code describes DA as. Click here to read the description of DA.
High Lights of the Bill.
The important parts of the bill read. Click here to read the entire bill.
The bill also states that people must not have been reconvicted a second time for anything other that a traffic related offence. * DWI is not a traffic Offence
Limitations of the Bill.
A person is entitled to the benefit provided under 2-2 Subsection (d) only if during the applicable period described by 2-3 Subsection (d)(1), (2), or (3), as appropriate, the person is not 2-4 convicted of or placed on deferred adjudication community 2-5 supervision under Section 5, Article 42.12, Code of Criminal 2-6 Procedure, for any offense other than an offense under the 2-7 Transportation Code punishable by fine only. A person is not 2-8 entitled to the benefit provided under Subsection (d) during any 2-9 period in which the person is required to register as a sex 2-10 offender under Chapter 62, Code of Criminal Procedure.
The Bill is not trying to limit the public's access to information. The bill is intended to allow certain persons who have received deferred adjudication to get on with their lives.
Right now, their ability to get a job is next to impossible as is their ability to even rent an apartment. The last thing the public needs is for these folks to be stymied to the point that they can only find work in illegal ways. If these people are given no chances to live a law-abiding life then what will happen? A common complaint is that once the you are in the criminal justice system the system just never lets you go. There is never any freedom after any brush with the law.
People who can’t get housing in their own name can only rent property in someone else's name which doesn't provide them with any security or the ability to build credit. They are always vulnerable to those that would take advantage of them because of their situation. The whole point of the District Attorney being able to offer deferred adjudication is for those who they feel aren't a threat to society and have the best chances of going on to lead normal, law-abiding lives.
As you see the aim here is not to hide a Record, the aim here is to create a second chance. It is to help society in general by setting goals for individuals, and by offering hope that the criminal justice system does work, and that one-day they will be contributing members of society. This bill will help build a better society and lower crime.
http://www.house.state.tx.us/members/dist148/farrar.htm
Information on Jessica Farrar:
P.S. Jessica Farrar's contact info:
jessica.farrar@house.state.tx.us
work: 713-691-6912 713-222-2024
fax: 713-691-3363
The old bill HB1415 was not passed last session. We hope that the new Bill HB 181 will be signed into law by our state Governor.