Texas 2017 - 85th Regular

Texas House Bill HB269 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R90 LHC-F
2	2	By: Thompson of Harris, Meyer, H.B. No. 269
3	3	Johnson of Dallas
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to judicial proceedings on a petition to set aside a
9	9	conviction or an order of expunction of criminal history record
10	10	information for certain victims of trafficking of persons or
11	11	compelling prostitution who are convicted of prostitution.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 42, Code of Criminal Procedure, is
14	14	amended by adding Article 42.13 to read as follows:
15	15	Art. 42.13. SETTING ASIDE CONVICTION FOR VICTIMS OF
16	16	TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. (a) A court in
17	17	which a defendant has been convicted of an offense under Section
18	18	43.02, Penal Code, may, if the court retains jurisdiction in the
19	19	case, hear a petition from the defendant to set aside the order of
20	20	conviction. The petition must allege specific facts that, if
21	21	proved, would establish that the petitioner engaged in prostitution
22	22	solely as a victim of an offense under Section 20A.02, 20A.03, or
23	23	43.05, Penal Code. The petitioner may submit with the petition a
24	24	document of a federal, state, local, or tribal governmental agency
25	25	indicating that the petitioner engaged in prostitution solely as a
26	26	victim of trafficking of persons or compelling prostitution, as
27	27	applicable.
28	28	(b) On the filing of the petition under Subsection (a), the
29	29	clerk of the court shall promptly serve a copy of the petition and
30	30	any supporting document on the appropriate office of the attorney
31	31	representing the state. Any response to the petition by the
32	32	attorney representing the state must be filed not later than the
33	33	20th business day after the date of service under this subsection.
34	34	(c) If in considering the petition, any supporting
35	35	document, and any response of the attorney representing the state
36	36	the court finds that there are reasonable grounds to believe the
37	37	facts alleged in the petition or if the petitioner submits a
38	38	document of a governmental agency described by Subsection (a), the
39	39	court shall order a hearing on the petition. The court shall dismiss
40	40	the petition and shall promptly notify the petitioner of the
41	41	court's decision if the court finds that there are not any
42	42	reasonable grounds to believe the alleged facts exist or if the
43	43	petitioner has filed a previous petition under this article based
44	44	solely on the same evidence. The court may not dismiss the petition
45	45	if the petitioner submits a document of a governmental agency
46	46	described by Subsection (a).
47	47	(d) After the court orders a hearing under this article, the
48	48	court, as the court considers necessary to ensure a fair hearing on
49	49	the petition, may order any discovery from the attorney
50	50	representing the state or from the petitioner. An order of
51	51	discovery may include any order for probative evidence relevant to
52	52	proving or disproving the petitioner's claim of having engaged in
53	53	the conduct for which the person was convicted under Section 43.02,
54	54	Penal Code, solely as a victim of an offense under Section 20A.02,
55	55	20A.03, or 43.05, Penal Code. A document of a governmental agency
56	56	described by Subsection (a) creates a presumption that the
57	57	petitioner's claim is true.
58	58	(e) If after the court orders a hearing under this article
59	59	the court finds that, based on the sworn statements of the
60	60	petitioner or based on submitted evidence or affidavits, the
61	61	petitioner is not represented by an attorney and is indigent, the
62	62	court shall appoint an attorney to represent the petitioner at the
63	63	hearing and, if appropriate, before the court of appeals and the
64	64	court of criminal appeals.
65	65	(f) At the conclusion of the hearing, the court shall make a
66	66	finding as to whether the petitioner's claim of having engaged in
67	67	prostitution solely as a victim of trafficking of persons or
68	68	compelling prostitution is true.
69	69	(g) The court may set aside the order of conviction for the
70	70	offense under Section 43.02, Penal Code, if the court finds that the
71	71	petitioner engaged in prostitution solely as a victim of
72	72	trafficking of persons or compelling prostitution and that
73	73	set-aside is in the best interest of justice.
74	74	(h) The court reporter shall record a hearing under this
75	75	article. If the court makes a finding that the petitioner engaged in
76	76	prostitution solely as a victim of trafficking of persons or
77	77	compelling prostitution, and if the petitioner is indigent, the
78	78	court reporter shall transcribe the hearing, including the finding,
79	79	at the county's expense. The entire record must be included with an
80	80	application for appeal filed as described by this article.
81	81	(i) The petitioner and the attorney representing the state
82	82	may appeal the findings of the court in the same manner as an appeal
83	83	of a conviction in a criminal case.
84	84	(j) A petition for a finding that the petitioner engaged in
85	85	prostitution solely as a victim of trafficking of persons or
86	86	compelling prostitution filed under this article and a proceeding
87	87	conducted under this article do not constitute an application for a
88	88	writ of habeas corpus or a proceeding based on an application for a
89	89	writ of habeas corpus. A restriction on filing a subsequent
90	90	application for a writ of habeas corpus imposed by Article 11.07
91	91	does not apply to a petition or proceeding under this article.
92	92	(k) This article is not intended to preclude a petitioner
93	93	from receiving a reduction or termination of community supervision
94	94	and a set-aside of verdict under Article 42A.701 if the petitioner
95	95	is otherwise qualified to receive a dismissal under that article.
96	96	(l) For purposes of this article, the jurisdiction of a
97	97	court in which a defendant has been convicted of an offense under
98	98	Section 43.02, Penal Code, continues for a period of five years
99	99	beginning on the date the conviction is entered.
100	100	SECTION 2. Article 42A.105, Code of Criminal Procedure, is
101	101	amended by adding Subsection (g) to read as follows:
102	102	(g) If a judge dismisses proceedings against a defendant
103	103	charged with an offense under Section 43.02, Penal Code, and
104	104	discharges the defendant, the judge may make an affirmative finding
105	105	of fact and file a statement of that affirmative finding with the
106	106	papers in the case if the judge determines that the defendant
107	107	engaged in the applicable conduct solely as a victim of an offense
108	108	under Section 20A.02, 20A.03, or 43.05, Penal Code.
109	109	SECTION 3. Article 55.01, Code of Criminal Procedure, is
110	110	amended by adding Subsection (a-3) to read as follows:
111	111	(a-3) A person who has been placed under a custodial or
112	112	noncustodial arrest for commission of an offense under Section
113	113	43.02, Penal Code, is entitled to have all records and files
114	114	relating to the arrest expunged in the same manner provided for a
115	115	person described by Subsection (a), if a court determines under
116	116	Article 42.13(f) that the person engaged in prostitution solely as
117	117	a victim of trafficking of persons or compelling prostitution. If
118	118	the attorney representing the state establishes a need for law
119	119	enforcement agencies, for the purpose of investigating trafficking
120	120	of persons or compelling prostitution offenses, to have access to
121	121	evidence contained in the arrest records or files of a person
122	122	entitled to an expunction under this subsection, at the request of
123	123	the attorney representing the state, the court may provide in its
124	124	expunction order that a law enforcement agency may retain those
125	125	records and files, provided that the person's personal information
126	126	has been redacted from those records and files.
127	127	SECTION 4. (a) Article 42.13, Code of Criminal Procedure,
128	128	as added by this Act, applies to a petition to set aside a
129	129	conviction that is filed on or after the effective date of this Act,
130	130	regardless of whether the offense that is the subject of the
131	131	petition occurred before, on, or after the effective date of this
132	132	Act.
133	133	(b) Article 42A.105(g), Code of Criminal Procedure, as
134	134	added by this Act, applies to a discharge and dismissal that occurs
135	135	on or after the effective date of this Act, regardless of whether
136	136	the offense for which the defendant was placed on deferred
137	137	adjudication community supervision occurred before, on, or after
138	138	the effective date of this Act.
139	139	(c) Article 55.01(a-3), Code of Criminal Procedure, as
140	140	added by this Act, applies to a petition for expunction filed on or
141	141	after the effective date of this Act, regardless of whether the
142	142	offense that is the subject of the petition occurred before, on, or
143	143	after the effective date of this Act.
144	144	SECTION 5. This Act takes effect September 1, 2017.