Texas 2017 - 85th Regular

Texas House Bill HB269

Filed
11/14/16  
Out of House Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to judicial proceedings on a petition to set aside a conviction or an order of expunction of criminal history record information for certain victims of trafficking of persons or compelling prostitution who are convicted of prostitution.

Impact

The implementation of HB 269 significantly alters the treatment of criminal convictions related to prostitution under Texas law. If passed, the bill allows for the expunction of arrest records for individuals who were trafficking victims engaging in prostitution, establishing legal presumptions that could assist in these cases. This form of legal relief acknowledges the complexities of victimization and the exploitation that occurs in contexts of trafficking, thus encouraging a more rehabilitative and just approach to the victims of such offenses. Importantly, this bill aims to remove barriers that prevent victims from reintegrating into society without the stigma of a criminal record.

Summary

House Bill 269 addresses judicial proceedings concerning the expunction of criminal records for individuals convicted of prostitution who are classified as victims of trafficking of persons or compelling prostitution. The bill focuses on providing a legal pathway for these individuals to have their convictions set aside if they can demonstrate that their actions were solely due to being victims of such crimes. This act alters the Code of Criminal Procedure by adding provisions that facilitate this process and ensure a fair hearing is conducted on petitions submitted for these instances.

Sentiment

The sentiment surrounding HB 269 appears to be generally supportive among lawmakers and advocacy groups focused on trafficking and victim rights. Proponents argue that the bill represents a compassionate and necessary measure to support victims, allowing them the opportunity for a fresh start free from the shadows of past victimization. However, there may be some contention from those concerned about the implications of expunging such convictions, especially regarding the potential for judicial misuse or public safety concerns. Nonetheless, the overarching sentiment aligns with a progressive reform of the judicial process in favor of protecting vulnerable populations.

Contention

A notable point of contention is the balance between ensuring justice for trafficking victims and addressing concerns related to accountability for offenses that may endanger public safety. Critics may argue that while victims deserve support and protection, there are risks involved in readily clearing records related to solicitation offenses. This debate reflects broader societal discussions about the regulation of sex work, the criminal justice system's treatment of victims versus offenders, and the need for comprehensive policies that address both empowerment and public safety.

Companion Bills

TX SB1165

Similar Relating to judicial proceedings on a petition to set aside a conviction or an order of expunction of arrest records and files for certain victims of trafficking of persons or compelling prostitution who are convicted of certain offenses.

Previously Filed As

TX SB1012

Relating to the eligibility of certain victims of trafficking of persons or compelling prostitution for an order of nondisclosure of criminal history record information.

TX SB722

Relating to the prosecution of the offenses of trafficking of persons and compelling prostitution and to certain consequences of compelling prostitution.

TX HB1004

Relating to the prosecution of the offenses of trafficking of persons and compelling prostitution and to certain consequences of those offenses.

TX SB1527

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB3451

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB1136

Relating to the period for which a person is required to register as a sex offender based on the offense of compelling prostitution.

TX HB1059

Relating to a prohibition on prosecuting or referring to juvenile court certain persons for certain conduct constituting the offense of prostitution, to the provision of services to those persons, and to the prosecution of related criminal offenses.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX SB1318

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.

TX HB1594

Relating to the duties of social media companies regarding prostitution and trafficking of persons; creating a criminal offense.

Similar Bills

TX HB257

Relating to judicial proceedings on a petition to set aside a conviction or an order of expunction of criminal history record information for certain victims of trafficking of persons or compelling prostitution who are convicted of prostitution.

TX HB3500

Relating to judicial proceedings on a petition to set aside a conviction or an order of expunction of criminal history record information for certain victims of trafficking of persons or compelling prostitution who are convicted of prostitution.

TX HB2286

Relating to the eligibility of certain victims of trafficking of persons for an order of nondisclosure; authorizing a fee.

TX SB1088

Relating to judicial proceedings on a petition for a pardon or an order of expunction of criminal history record information for certain victims of trafficking of persons convicted of prostitution.

TX SB1165

Relating to judicial proceedings on a petition to set aside a conviction or an order of expunction of arrest records and files for certain victims of trafficking of persons or compelling prostitution who are convicted of certain offenses.

CA AB2034

Crimes: loitering for the purpose of engaging in a prostitution offense.

UT HB0133

Human Trafficking Expungement Amendments

UT HB0137

Human Trafficking Expungement Amendments