| 5 | 4 | | |
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| 6 | 5 | | |
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| 7 | 6 | | A BILL TO BE ENTITLED |
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| 8 | 7 | | AN ACT |
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| 9 | 8 | | relating to the eligibility of certain victims of trafficking of |
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| 10 | 9 | | persons for an order of nondisclosure. |
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| 11 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 11 | | SECTION 1. Sections 411.0728(a), (c), and (d), Government |
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| 13 | 12 | | Code, are amended to read as follows: |
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| 14 | 13 | | (a) This section applies only to a person: |
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| 15 | 14 | | (1) who on conviction for an offense under Section |
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| 16 | 15 | | 31.03, 31.07, 31.15, 31.16, 31.17, or 43.02, Penal Code, or an |
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| 17 | 16 | | offense punishable under Section 481.115(b) or (c), 481.1151(b)(1) |
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| 18 | 17 | | or (2), 481.116(b) or (c), 481.1161(b)(1) or (2), 481.117(b) or |
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| 19 | 18 | | (c), 481.118(b) or (c), 481.119(b), or 481.121(b)(1) or (2), Health |
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| 20 | 19 | | and Safety Code, is placed on community supervision under Chapter |
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| 21 | 20 | | 42A [Article 42.12], Code of Criminal Procedure;[,] and |
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| 22 | 21 | | (2) with respect to whom the conviction is |
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| 23 | 22 | | subsequently set aside by the court under Article 42A.701, Code of |
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| 24 | 23 | | Criminal Procedure [Section 20(a) of that article]. |
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| 25 | 24 | | (c) After notice to the state, an opportunity for a hearing, |
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| 26 | 25 | | and a determination by the court that the person committed the |
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| 27 | 26 | | offense solely as a victim of trafficking of persons and that |
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| 28 | 27 | | issuance of the order is in the best interest of justice, the court |
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| 29 | 28 | | shall issue an order prohibiting criminal justice agencies from |
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| 30 | 29 | | disclosing to the public criminal history record information |
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| 31 | 30 | | related to the offense for which the defendant was placed on |
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| 32 | 31 | | community supervision as described by Subsection (a) [under Section |
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| 33 | 32 | | 43.02, Penal Code, giving rise to the community supervision]. |
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| 34 | 33 | | (d) A person may petition the court that placed the person |
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| 35 | 34 | | on community supervision for an order of nondisclosure of criminal |
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| 36 | 35 | | history record information under this section only after the |
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| 37 | 36 | | person's conviction [under Section 43.02, Penal Code,] is set aside |
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| 38 | 37 | | as described by Subsection (a). |
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| 39 | 38 | | SECTION 2. The change in law made by this Act applies to a |
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| 40 | 39 | | person whose conviction for an offense is set aside under Article |
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| 41 | 40 | | 42A.701, Code of Criminal Procedure, on or after the effective date |
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| 42 | 41 | | of this Act, regardless of when the person committed the offense for |
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| 43 | 42 | | which the person was convicted. |
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| 44 | 43 | | SECTION 3. To the extent of any conflict, this Act prevails |
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| 45 | 44 | | over another Act of the 85th Legislature, Regular Session, 2017, |
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| 46 | 45 | | relating to nonsubstantive additions to and corrections in enacted |
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| 47 | 46 | | codes. |
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| 48 | 47 | | SECTION 4. This Act takes effect September 1, 2017. |
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