Texas 2019 - 86th Regular

Texas House Bill HB1216 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R21816~~ LHC-D
	1	+	86R3078 LHC-D
2	2		By: Thompson of Harris H.B. No. 1216
3		-	Substitute the following for H.B. No. 1216:
4		-	By: Collier C.S.H.B. No. 1216
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to orders of nondisclosure for certain victims of
10	8		trafficking of persons or compelling prostitution.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 411.0728, Government Code, is amended to
13	11		read as follows:
14	12		Sec. 411.0728. PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
15		-	OF PERSONS OR COMPELLING PROSTITUTION. (a) This section applies
16		-	only to a person:
	13	+	OF PERSONS. (a) This section applies only to a person:
17	14		(1) who is convicted of or placed on deferred
18	15		adjudication community supervision [under Chapter 42A, Code of
19	16		Criminal Procedure, after conviction] for an offense under:
20	17		(A) Section 481.120, Health and Safety Code, if
21	18		the offense is punishable under Subsection (b)(1);
22	19		(B) Section 481.121, Health and Safety Code, if
23	20		the offense is punishable under Subsection (b)(1);
24	21		(C) Section 31.03, Penal Code, if the offense is
25	22		punishable under Subsection (e)(1) or (2); or
26	23		(D) Section 43.02, Penal Code; [or
27	24		[(E) Section 43.03(a)(2), Penal Code, if the
28	25		offense is punishable as a Class A misdemeanor;] and
29	26		(2) who, if requested by the applicable law
30	27		enforcement agency or prosecuting attorney to provide assistance in
31	28		the investigation or prosecution of an offense under Section
32	29		20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
33	30		containing elements that are substantially similar to the elements
34	31		of an offense under any of those sections:
35	32		(A) provided assistance in the investigation or
36	33		prosecution of the offense; or
37	34		(B) did not provide assistance in the
38	35		investigation or prosecution of the offense due to the person's age
39	36		or a physical or mental disability resulting from being a victim of
40	37		an offense described by this subdivision [with respect to whom the
41	38		conviction is subsequently set aside by the court under Article
42	39		42A.701, Code of Criminal Procedure].
43	40		(b) Notwithstanding any other provision of this subchapter
44		-	or Subchapter F, a person described by Subsection (a) who ~~satisfies~~
45		-	the requirements of Section 411.074~~(b) [411.074~~] may petition the
	41	+	or Subchapter F, a person described by Subsection (a) [who
	42	+	satisfies the requirements of Section 411.074] may petition the
46	43		court that convicted the person or placed the person on deferred
47	44		adjudication community supervision for an order of nondisclosure of
48	45		criminal history record information under this section on the
49	46		grounds that the person committed the offense solely as a victim of
50	47		an offense under Section 20A.02, 20A.03, or 43.05, Penal Code
51	48		[trafficking of persons].
52	49		(b-1) A petition under Subsection (b) must:
53	50		(1) be in writing;
54		-	(2) allege specific facts that, if proved, would
	51	+	(2) assert that the person seeking an order of
	52	+	nondisclosure under this section has not previously received an
	53	+	order of nondisclosure under this section; and
	54	+	(3) allege specific facts that, if proved, would
55	55		establish that the petitioner committed the offense described by
56	56		Subsection (a)(1) solely as a victim of an offense under Section
57		-	20A.02, 20A.03, or 43.05, Penal Code; and
58		-	(3) assert that if the person has previously submitted
59		-	a petition for [seeking] an order of nondisclosure under this
60		-	section, the person has not committed an offense described by
61		-	Subsection (a)(1) on or after the date on which the person's first
62		-	petition [previously received an order of nondisclosure] under this
63		-	section was submitted.
64		-	(b-2) On the filing of the petition under Subsection (b),
	57	+	20A.02, 20A.03, or 43.05, Penal Code.
	58	+	(b-2) A person convicted of or placed on deferred
	59	+	adjudication community supervision for more than one offense
	60	+	described by Subsection (a)(1) that the person committed solely as
	61	+	a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal
	62	+	Code, may request consolidation of the person's petitions for an
	63	+	order of nondisclosure of criminal history record information in
	64	+	the court of the person's most recent conviction or placement on
	65	+	deferred adjudication community supervision. On receipt of a
	66	+	request for consolidation, the court shall consolidate the
	67	+	petitions and exercise jurisdiction over the petitions, regardless
	68	+	of the county in which the offenses described by Subsection (a)(1)
	69	+	occurred.
	70	+	(b-3) On the filing of the petition under Subsection (b),
65	71		the clerk of the court shall promptly serve a copy of the petition
66	72		and any supporting document on the appropriate office of the
67	73		attorney representing the state. Any response to the petition by
68	74		the attorney representing the state must be filed not later than the
69	75		20th business day after the date of service under this subsection.
70		-	(b-3) A person convicted of or placed on deferred
71		-	adjudication community supervision for more than one offense
72		-	described by Subsection (a)(1) that the person committed solely as
73		-	a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal
74		-	Code, may file a petition for an order of nondisclosure of criminal
75		-	history record information under this section with respect to each
76		-	offense, and may request consolidation of those petitions, in a
77		-	district court in the county where the person was most recently
78		-	convicted or placed on deferred adjudication community supervision
79		-	as described by this subsection. On receipt of a request for
80		-	consolidation, the court shall consolidate the petitions and
81		-	exercise jurisdiction over the petitions, regardless of the county
82		-	in which the offenses described by Subsection (a)(1) occurred. For
83		-	each offense that is the subject of a consolidated petition and that
84		-	occurred in a county other than the county in which the court
85		-	consolidating the petitions is located, the clerk of the court, in
86		-	addition to the clerk's duties under Subsection (b-2), shall
87		-	promptly serve a copy of the consolidated petition and any
88		-	supporting document related to the applicable offense on the
89		-	appropriate office of the attorney representing the state on behalf
90		-	of the other county. Each attorney representing the state who
91		-	receives a copy of a consolidated petition under this subsection
92		-	may file a response to the petition in accordance with Subsection
93		-	(b-2).
94		-	(b-4) A district court that consolidates petitions under
95		-	Subsection (b-3) shall allow an attorney representing the state who
96		-	receives a petition involving an offense that was committed outside
97		-	the county in which the court is located to appear at any hearing
98		-	regarding the consolidated petition by telephone or video
99		-	conference call.
100		-	(c) After notice to the state and [,] an opportunity for a
101		-	hearing, [a determination by the court that the person has not
102		-	previously received an order of nondisclosure under this section,
103		-	and a determination by the court that the person committed the
104		-	offense solely as a victim of trafficking of persons and that
105		-	issuance of the order is in the best interest of justice,] the court
106		-	having jurisdiction over the petition shall issue an order
107		-	prohibiting criminal justice agencies from disclosing to the public
108		-	criminal history record information related to the offense if the
109		-	court determines that:
110		-	(1) the person committed the offense described by
111		-	Subsection (a)(1) solely as a victim of an offense under Section
112		-	20A.02, 20A.03, or 43.05, Penal Code;
113		-	(2) if applicable, the person did not commit another
114		-	offense described by Subsection (a)(1) on or after the date on which
115		-	the person's first petition for an order of nondisclosure under
116		-	this section was submitted; and
117		-	(3) issuance of the order is in the best interest of
118		-	justice [for which the defendant was placed on community
119		-	supervision as described by Subsection (a)].
120		-	(c-1) In determining whether a person committed an offense
	76	+	(c) After notice to the state, an opportunity for a hearing,
	77	+	a determination by the court that the person has not previously
	78	+	received an order of nondisclosure under this section, and a
	79	+	determination by the court that the person committed the offense
121	80		described by Subsection (a)(1) solely as a victim of an offense
122		-	under Section 20A.02, 20A.03, or 43.05, Penal Code, the court may
123		-	consider any order of nondisclosure previously granted to the
124		-	person under this section.
125		-	(d) A person may petition the applicable court [that placed
126		-	the person on community supervision] for an order of nondisclosure
127		-	of criminal history record information under this section only on
128		-	or after the first anniversary of the date the person:
	81	+	under Section 20A.02, 20A.03, or 43.05, Penal Code, [trafficking of
	82	+	persons] and that issuance of the order is in the best interest of
	83	+	justice, the court shall issue an order prohibiting criminal
	84	+	justice agencies from disclosing to the public criminal history
	85	+	record information related to the offense [for which the defendant
	86	+	was placed on community supervision as described by Subsection
	87	+	(a)].
	88	+	(d) A person may petition the court that convicted the
	89	+	person or placed the person on deferred adjudication community
	90	+	supervision for an order of nondisclosure of criminal history
	91	+	record information under this section only on or after the first
	92	+	anniversary of the date the person:
129	93		(1) completed the sentence, including any term of
130	94		confinement imposed and payment of all fines, costs, and
131	95		restitution imposed; or
132	96		(2) received a dismissal and discharge under Article
133	97		42A.111, Code of Criminal Procedure, if the person was placed on
134	98		deferred adjudication community supervision [person's conviction
135	99		is set aside as described by Subsection (a)].
136	100		SECTION 2. Article 56.021, Code of Criminal Procedure, is
137	101		amended by adding Subsection (e) to read as follows:
138	102		(e) A victim of an offense under Section 20A.02, 20A.03, or
139		-	43.05, Penal Code, is entitled to be informed that the victim may
140		-	petition for an order of nondisclosure of criminal history record
141		-	information under Section 411.0728, Government Code, if the victim:
	103	+	43.05, Penal Code, is entitled to the right to be informed that the
	104	+	victim may petition for an order of nondisclosure of criminal
	105	+	history record information under Section 411.0728, Government
	106	+	Code, if the victim:
142	107		(1) has been convicted of or placed on deferred
143	108		adjudication community supervision for an offense described by
144	109		Subsection (a)(1) of that section; and
145	110		(2) committed that offense solely as a victim of an
146	111		offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
147		-	SECTION 3. Section 126.004, Government Code, is amended by
	112	+	SECTION 3. Subchapter C, Chapter 72, Government Code, is
	113	+	amended by adding Section 72.033 to read as follows:
	114	+	Sec. 72.033. FORM FOR ORDER OF NONDISCLOSURE FOR CERTAIN
	115	+	VICTIMS OF TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. The
	116	+	office, in consultation with the office of the attorney general,
	117	+	shall develop and make available an online form for use by a person
	118	+	in filing a petition for an order of nondisclosure of criminal
	119	+	history record information under Section 411.0728.
	120	+	SECTION 4. Section 126.004, Government Code, is amended by
148	121		adding Subsection (d) to read as follows:
149	122		(d) A program established under this chapter shall provide
150		-	each program participant with information related to the right to
151		-	petition for an order of nondisclosure of criminal history record
152		-	information under Section 411.0728.
153		-	SECTION 4. This Act takes effect September 1, 2019.
	123	+	each program participant with information related to an order of
	124	+	nondisclosure of criminal history record information under Section
	125	+	411.0728.
	126	+	SECTION 5. Not later than December 1, 2019, the Office of
	127	+	Court Administration of the Texas Judicial System, in consultation
	128	+	with the office of the attorney general, shall develop and make
	129	+	available the online form required by Section 72.033, Government
	130	+	Code, as added by this Act.
	131	+	SECTION 6. This Act takes effect September 1, 2019.