| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to orders of nondisclosure for certain victims of |
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| 9 | 8 | | trafficking of persons. |
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| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 10 | | SECTION 1. Section 411.0728, Government Code, is amended to |
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| 12 | 11 | | read as follows: |
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| 13 | 12 | | Sec. 411.0728. PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING |
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| 14 | 13 | | OF PERSONS. (a) This section applies only to a person who is |
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| 15 | 14 | | convicted of or[: |
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| 16 | 15 | | [(1) who is] placed on deferred adjudication community |
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| 17 | 16 | | supervision [under Chapter 42A, Code of Criminal Procedure, after |
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| 18 | 17 | | conviction] for an offense under: |
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| 19 | 18 | | (1) [(A)] Section 481.120, Health and Safety Code, if |
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| 20 | 19 | | the offense is punishable under Subsection (b)(1); |
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| 21 | 20 | | (2) [(B)] Section 481.121, Health and Safety Code, if |
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| 22 | 21 | | the offense is punishable under Subsection (b)(1); |
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| 23 | 22 | | (3) Section 30.05, Penal Code; |
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| 24 | 23 | | (4) [(C)] Section 31.03, Penal Code, if the offense is |
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| 25 | 24 | | punishable under Subsection (e)(1) or (2); |
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| 26 | 25 | | (5) [(D)] Section 43.02, Penal Code; or |
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| 27 | 26 | | (6) [(E)] Section 43.03(a)(2), Penal Code, if the |
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| 28 | 27 | | offense is punishable as a state jail felony or as any lower |
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| 29 | 28 | | category of offense [Class A misdemeanor; and |
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| 30 | 29 | | [(2) with respect to whom the conviction is |
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| 31 | 30 | | subsequently set aside by the court under Article 42A.701, Code of |
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| 32 | 31 | | Criminal Procedure]. |
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| 33 | 32 | | (b) Notwithstanding any other provision of this subchapter |
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| 34 | 33 | | or Subchapter F, a person described by Subsection (a) who satisfies |
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| 35 | 34 | | the requirements of Section 411.074 may petition the court that |
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| 36 | 35 | | convicted the person or placed the person on deferred adjudication |
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| 37 | 36 | | community supervision for an order of nondisclosure of criminal |
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| 38 | 37 | | history record information under this section on the grounds that |
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| 39 | 38 | | the person committed the offense solely as a victim of trafficking |
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| 40 | 39 | | of persons. |
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| 41 | 40 | | (b-1) A petition under Subsection (b) must: |
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| 42 | 41 | | (1) assert that the person seeking an order of |
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| 43 | 42 | | nondisclosure under this section has not previously received an |
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| 44 | 43 | | order of nondisclosure under this section; and |
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| 45 | 44 | | (2) allege specific facts that, if proved, would |
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| 46 | 45 | | establish that the petitioner committed the offense described by |
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| 47 | 46 | | Subsection (a) solely as a victim of trafficking of persons. |
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| 48 | 47 | | (c) After notice to the state, an opportunity for a hearing, |
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| 49 | 48 | | a determination by the court that the person has not previously |
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| 50 | 49 | | received an order of nondisclosure under this section, and a |
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| 51 | 50 | | determination by the court that the person committed the offense |
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| 52 | 51 | | described by Subsection (a) solely as a victim of trafficking of |
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| 53 | 52 | | persons and that issuance of the order is in the best interest of |
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| 54 | 53 | | justice, the court shall issue an order prohibiting criminal |
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| 55 | 54 | | justice agencies from disclosing [to the public] criminal history |
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| 56 | 55 | | record information related to the offense except as provided by |
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| 57 | 56 | | Section 411.0765(a) [for which the defendant was placed on |
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| 58 | 57 | | community supervision as described by Subsection (a)]. |
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| 59 | 58 | | (d) A person may petition the court that convicted the |
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| 60 | 59 | | person or placed the person on deferred adjudication community |
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| 61 | 60 | | supervision for an order of nondisclosure of criminal history |
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| 62 | 61 | | record information under this section only on or after the 90th day |
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| 63 | 62 | | after the date the person: |
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| 64 | 63 | | (1) completed the sentence, including any term of |
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| 65 | 64 | | confinement imposed and payment of all fines, costs, and |
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| 66 | 65 | | restitution imposed; or |
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| 67 | 66 | | (2) received a dismissal and discharge under Article |
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| 68 | 67 | | 42A.111, Code of Criminal Procedure, if the person was placed on |
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| 69 | 68 | | deferred adjudication community supervision [person's conviction |
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| 70 | 69 | | is set aside as described by Subsection (a)]. |
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| 71 | 70 | | SECTION 2. Section 411.0765, Government Code, is amended by |
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| 72 | 71 | | adding Subsection (c) to read as follows: |
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| 73 | 72 | | (c) Notwithstanding any other provision of this section, a |
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| 74 | 73 | | criminal justice agency may not disclose criminal history record |
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| 75 | 74 | | information that is the subject of an order of nondisclosure of |
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| 76 | 75 | | criminal history record information under Section 411.0728 for |
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| 77 | 76 | | regulatory licensing purposes or to an agency or entity listed in |
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| 78 | 77 | | Subsection (b). |
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| 79 | 78 | | SECTION 3. This Act takes effect September 1, 2019. |
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