86R3078 LHC-D
By: Thompson of Harris H.B. No. 1216
A BILL TO BE ENTITLED
AN ACT
relating to orders of nondisclosure for certain victims of
trafficking of persons or compelling prostitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.0728, Government Code, is amended to
read as follows:
Sec. 411.0728. PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
OF PERSONS. (a) This section applies only to a person:
(1) who is convicted of or placed on deferred
adjudication community supervision [under Chapter 42A, Code of
Criminal Procedure, after conviction] for an offense under:
(A) Section 481.120, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(B) Section 481.121, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(C) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(1) or (2); or
(D) Section 43.02, Penal Code; [or
[(E) Section 43.03(a)(2), Penal Code, if the
offense is punishable as a Class A misdemeanor;] and
(2) who, if requested by the applicable law
enforcement agency or prosecuting attorney to provide assistance in
the investigation or prosecution of an offense under Section
20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
containing elements that are substantially similar to the elements
of an offense under any of those sections:
(A) provided assistance in the investigation or
prosecution of the offense; or
(B) did not provide assistance in the
investigation or prosecution of the offense due to the person's age
or a physical or mental disability resulting from being a victim of
an offense described by this subdivision [with respect to whom the
conviction is subsequently set aside by the court under Article
42A.701, Code of Criminal Procedure].
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) [who
satisfies the requirements of Section 411.074] may petition the
court that convicted the person or placed the person on deferred
adjudication community supervision for an order of nondisclosure of
criminal history record information under this section on the
grounds that the person committed the offense solely as a victim of
an offense under Section 20A.02, 20A.03, or 43.05, Penal Code
[trafficking of persons].
(b-1) A petition under Subsection (b) must:
(1) be in writing;
(2) assert that the person seeking an order of
nondisclosure under this section has not previously received an
order of nondisclosure under this section; and
(3) allege specific facts that, if proved, would
establish that the petitioner committed the offense described by
Subsection (a)(1) solely as a victim of an offense under Section
20A.02, 20A.03, or 43.05, Penal Code.
(b-2) A person convicted of or placed on deferred
adjudication community supervision for more than one offense
described by Subsection (a)(1) that the person committed solely as
a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal
Code, may request consolidation of the person's petitions for an
order of nondisclosure of criminal history record information in
the court of the person's most recent conviction or placement on
deferred adjudication community supervision. On receipt of a
request for consolidation, the court shall consolidate the
petitions and exercise jurisdiction over the petitions, regardless
of the county in which the offenses described by Subsection (a)(1)
occurred.
(b-3) On the filing of the petition under Subsection (b),
the clerk of the court shall promptly serve a copy of the petition
and any supporting document on the appropriate office of the
attorney representing the state. Any response to the petition by
the attorney representing the state must be filed not later than the
20th business day after the date of service under this subsection.
(c) After notice to the state, an opportunity for a hearing,
a determination by the court that the person has not previously
received an order of nondisclosure under this section, and a
determination by the court that the person committed the offense
described by Subsection (a)(1) solely as a victim of an offense
under Section 20A.02, 20A.03, or 43.05, Penal Code, [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)].
(d) A person may petition the court that convicted the
person or placed the person on deferred adjudication community
supervision for an order of nondisclosure of criminal history
record information under this section only on or after the first
anniversary of the date the person:
(1) completed the sentence, including any term of
confinement imposed and payment of all fines, costs, and
restitution imposed; or
(2) received a dismissal and discharge under Article
42A.111, Code of Criminal Procedure, if the person was placed on
deferred adjudication community supervision [person's conviction
is set aside as described by Subsection (a)].
SECTION 2. Article 56.021, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) A victim of an offense under Section 20A.02, 20A.03, or
43.05, Penal Code, is entitled to the right to be informed that the
victim may petition for an order of nondisclosure of criminal
history record information under Section 411.0728, Government
Code, if the victim:
(1) has been convicted of or placed on deferred
adjudication community supervision for an offense described by
Subsection (a)(1) of that section; and
(2) committed that offense solely as a victim of an
offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
SECTION 3. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.033 to read as follows:
Sec. 72.033. FORM FOR ORDER OF NONDISCLOSURE FOR CERTAIN
VICTIMS OF TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. The
office, in consultation with the office of the attorney general,
shall develop and make available an online form for use by a person
in filing a petition for an order of nondisclosure of criminal
history record information under Section 411.0728.
SECTION 4. Section 126.004, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) A program established under this chapter shall provide
each program participant with information related to an order of
nondisclosure of criminal history record information under Section
411.0728.
SECTION 5. Not later than December 1, 2019, the Office of
Court Administration of the Texas Judicial System, in consultation
with the office of the attorney general, shall develop and make
available the online form required by Section 72.033, Government
Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2019.