Texas 2017 - 85th Regular

Texas Senate Bill SB1165

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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.

Impact

This bill aims to reform certain aspects of criminal law associated with trafficking victims by enabling them to have their records cleared under specific circumstances. By offering the chance to set aside convictions for those who were exploited, the law reflects a more compassionate approach to victims and acknowledges the complexities surrounding their situations. The provisions may also alleviate some of the long-term consequences that arise from criminal records, which can hinder individuals from reintegrating into society and rebuilding their lives.

Summary

SB1165 addresses judicial proceedings concerning the expungement of certain convictions related to individuals who were victims of trafficking or compelled prostitution. Specifically, it allows courts to hear petitions from defendants who can demonstrate that they committed offenses solely as a result of having been victims of coercive circumstances. The legislation emphasizes the need for informal legal support, providing access to attorneys for indigent petitioners during hearings, thus enhancing the legal aid available to vulnerable populations.

Contention

Discussion surrounding SB1165 may revolve around concerns about its implementation and the potential for abuse. Critics might argue about the veracity of claims made by petitioners, stressing the need for stringent safeguards to ensure that only genuine victims benefit from expungement. Proponents, on the other hand, would likely advocate for the bill as a necessary step towards recognizing the realities faced by trafficking victims and offering them a pathway to start afresh without the burden of a criminal record, promoting their rights and chances for successful rehabilitation.

Companion Bills

TX HB269

Similar 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.

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