Texas 2019 - 86th Regular

Texas House Bill HB3027 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11017 LHC-D
2	2	By: Ramos H.B. No. 3027
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to orders of nondisclosure for certain victims of
8	8	trafficking of persons or compelling prostitution.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.0728, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 411.0728. PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
13	13	OF PERSONS. (a) This section applies only to a person:
14	14	(1) who is convicted of or placed on deferred
15	15	adjudication community supervision [under Chapter 42A, Code of
16	16	Criminal Procedure, after conviction] for an offense under:
17	17	(A) Section 481.120, Health and Safety Code, if
18	18	the offense is punishable under Subsection (b)(1);
19	19	(B) Section 481.121, Health and Safety Code, if
20	20	the offense is punishable under Subsection (b)(1);
21	21	(C) Section 31.03, Penal Code, if the offense is
22	22	punishable under Subsection (e)(1) or (2); or
23	23	(D) Section 43.02, Penal Code; [or
24	24	[(E) Section 43.03(a)(2), Penal Code, if the
25	25	offense is punishable as a Class A misdemeanor;] and
26	26	(2) who, if requested by the applicable law
27	27	enforcement agency or prosecuting attorney to provide assistance in
28	28	the investigation or prosecution of an offense under Section
29	29	20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
30	30	containing elements that are substantially similar to the elements
31	31	of an offense under any of those sections:
32	32	(A) provided assistance in the investigation or
33	33	prosecution of the offense; or
34	34	(B) did not provide assistance in the
35	35	investigation or prosecution of the offense due to the person's age
36	36	or a physical or mental disability resulting from being a victim of
37	37	an offense described by this subdivision [with respect to whom the
38	38	conviction is subsequently set aside by the court under Article
39	39	42A.701, Code of Criminal Procedure].
40	40	(b) Notwithstanding any other provision of this subchapter
41	41	or Subchapter F, a person described by Subsection (a) [who
42	42	satisfies the requirements of Section 411.074] may petition the
43	43	court that convicted the person or placed the person on deferred
44	44	adjudication community supervision for an order of nondisclosure of
45	45	criminal history record information under this section on the
46	46	grounds that the person committed the offense solely as a victim of
47	47	an offense under Section 20A.02, 20A.03, or 43.05, Penal Code
48	48	[trafficking of persons].
49	49	(b-1) A petition under Subsection (b) must:
50	50	(1) be in writing;
51	51	(2) assert that the person seeking an order of
52	52	nondisclosure under this section has not previously received an
53	53	order of nondisclosure under this section; and
54	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	57	20A.02, 20A.03, or 43.05, Penal Code.
58	58	(b-2) A person convicted of or placed on deferred
59	59	adjudication community supervision for more than one offense
60	60	described by Subsection (a)(1) that the person committed solely as
61	61	a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal
62	62	Code, may request consolidation of the person's petitions for an
63	63	order of nondisclosure of criminal history record information in
64	64	the court of the person's most recent conviction or placement on
65	65	deferred adjudication community supervision. On receipt of a
66	66	request for consolidation, the court shall consolidate the
67	67	petitions and exercise jurisdiction over the petitions, regardless
68	68	of the county in which the offenses described by Subsection (a)(1)
69	69	occurred.
70	70	(b-3) On the filing of the petition under Subsection (b),
71	71	the clerk of the court shall promptly serve a copy of the petition
72	72	and any supporting document on the appropriate office of the
73	73	attorney representing the state. Any response to the petition by
74	74	the attorney representing the state must be filed not later than the
75	75	20th business day after the date of service under this subsection.
76	76	(c) After notice to the state, an opportunity for a hearing,
77	77	a determination by the court that the person has not previously
78	78	received an order of nondisclosure under this section, and a
79	79	determination by the court that the person committed the offense
80	80	described by Subsection (a)(1) solely as a victim of an offense
81	81	under Section 20A.02, 20A.03, or 43.05, Penal Code, [trafficking of
82	82	persons] and that issuance of the order is in the best interest of
83	83	justice, the court shall issue an order prohibiting criminal
84	84	justice agencies from disclosing [to the public] criminal history
85	85	record information related to the offense except as provided by
86	86	Section 411.0765 [for which the defendant was placed on community
87	87	supervision as described by Subsection (a)].
88	88	(d) A person may petition the court that convicted the
89	89	person or placed the person on deferred adjudication community
90	90	supervision for an order of nondisclosure of criminal history
91	91	record information under this section only on or after the first
92	92	anniversary of the date the person:
93	93	(1) completed the sentence, including any term of
94	94	confinement imposed and payment of all fines, costs, and
95	95	restitution imposed; or
96	96	(2) received a dismissal and discharge under Article
97	97	42A.111, Code of Criminal Procedure, if the person was placed on
98	98	deferred adjudication community supervision [person's conviction
99	99	is set aside as described by Subsection (a)].
100	100	SECTION 2. Section 411.0765, Government Code, is amended by
101	101	adding Subsection (c) to read as follows:
102	102	(c) Notwithstanding any other provision of this section, a
103	103	criminal justice agency may not disclose criminal history record
104	104	information that is the subject of an order of nondisclosure of
105	105	criminal history record information under Section 411.0728 for
106	106	regulatory licensing purposes or to an agency or entity listed in
107	107	Subsection (b).
108	108	SECTION 3. Article 56.021, Code of Criminal Procedure, is
109	109	amended by adding Subsection (e) to read as follows:
110	110	(e) A victim of an offense under Section 20A.02, 20A.03, or
111	111	43.05, Penal Code, is entitled to the right to be informed that the
112	112	victim may petition for an order of nondisclosure of criminal
113	113	history record information under Section 411.0728, Government
114	114	Code, if the victim:
115	115	(1) has been convicted of or placed on deferred
116	116	adjudication community supervision for an offense described by
117	117	Subsection (a)(1) of that section; and
118	118	(2) committed that offense solely as a victim of an
119	119	offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
120	120	SECTION 4. Subchapter C, Chapter 72, Government Code, is
121	121	amended by adding Section 72.033 to read as follows:
122	122	Sec. 72.033. FORM FOR ORDER OF NONDISCLOSURE FOR CERTAIN
123	123	VICTIMS OF TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. The
124	124	office, in consultation with the office of the attorney general,
125	125	shall develop and make available an online form for use by a person
126	126	in filing a petition for an order of nondisclosure of criminal
127	127	history record information under Section 411.0728.
128	128	SECTION 5. Section 126.004, Government Code, is amended by
129	129	adding Subsection (d) to read as follows:
130	130	(d) A program established under this chapter shall provide
131	131	each program participant with information related to an order of
132	132	nondisclosure of criminal history record information under Section
133	133	411.0728.
134	134	SECTION 6. Not later than December 1, 2019, the Office of
135	135	Court Administration of the Texas Judicial System, in consultation
136	136	with the office of the attorney general, shall develop and make
137	137	available the online form required by Section 72.033, Government
138	138	Code, as added by this Act.
139	139	SECTION 7. This Act takes effect September 1, 2019.