85R21703 LHC-F
By: Parker, Meyer H.B. No. 2509
Substitute the following for H.B. No. 2509:
By: Moody C.S.H.B. No. 2509
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain victims of trafficking of
persons for an order of nondisclosure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.0728(a), (c), and (d), Government
Code, are amended to read as follows:
(a) This section applies only to a person:
(1) who on conviction for an offense under Section
31.03, 31.07, 31.15, 31.16, 31.17, or 43.02, Penal Code, or an
offense punishable under Section 481.115(b) or (c), 481.1151(b)(1)
or (2), 481.116(b) or (c), 481.1161(b)(1) or (2), 481.117(b) or
(c), 481.118(b) or (c), 481.119(b), or 481.121(b)(1) or (2), Health
and Safety Code, is placed on community supervision under Chapter
42A [Article 42.12], Code of Criminal Procedure;[,] and
(2) with respect to whom the conviction is
subsequently set aside by the court under Article 42A.701, Code of
Criminal Procedure [Section 20(a) of that article].
(c) After notice to the state, an opportunity for a hearing,
and a determination by the court that the person committed the
offense solely as a victim of trafficking of persons and that
issuance of the order is in the best interest of justice, the court
shall issue an order prohibiting criminal justice agencies from
disclosing to the public criminal history record information
related to the offense for which the defendant was placed on
community supervision as described by Subsection (a) [under Section
43.02, Penal Code, giving rise to the community supervision].
(d) A person may petition the court that placed the person
on community supervision for an order of nondisclosure of criminal
history record information under this section only after the
person's conviction [under Section 43.02, Penal Code,] is set aside
as described by Subsection (a).
SECTION 2. The change in law made by this Act applies to a
person whose conviction for an offense is set aside under Article
42A.701, Code of Criminal Procedure, on or after the effective date
of this Act, regardless of when the person committed the offense for
which the person was convicted.
SECTION 3. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. This Act takes effect September 1, 2017.