By: Huffman S.B. No. 1801
(In the Senate - Filed March 7, 2019; March 18, 2019, read
first time and referred to Committee on State Affairs;
April 8, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 8, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1801 By: Huffman
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 OR COMPELLING PROSTITUTION. (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(b) [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) 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; and
(3) assert that if the person has previously submitted
a petition for [seeking] an order of nondisclosure under this
section, the person has not committed an offense described by
Subsection (a)(1) on or after the date on which the person's first
petition [previously received an order of nondisclosure] under this
section was submitted.
(b-2) 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.
(b-3) 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 file a petition for an order of nondisclosure of criminal
history record information under this section with respect to each
offense, and may request consolidation of those petitions, in a
district court in the county where the person was most recently
convicted or placed on deferred adjudication community supervision
as described by this subsection. 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. For
each offense that is the subject of a consolidated petition and that
occurred in a county other than the county in which the court
consolidating the petitions is located, the clerk of the court, in
addition to the clerk's duties under Subsection (b-2), shall
promptly serve a copy of the consolidated petition and any
supporting document related to the applicable offense on the
appropriate office of the attorney representing the state on behalf
of the other county. Each attorney representing the state who
receives a copy of a consolidated petition under this subsection
may file a response to the petition in accordance with Subsection
(b-2).
(b-4) A district court that consolidates petitions under
Subsection (b-3) shall allow an attorney representing the state who
receives a petition involving an offense that was committed outside
the county in which the court is located to appear at any hearing
regarding the consolidated petition by telephone or video
conference call.
(c) After notice to the state and[,] 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 solely as a victim of trafficking of persons and that
issuance of the order is in the best interest of justice,] the court
having jurisdiction over the petition shall issue an order
prohibiting criminal justice agencies from disclosing to the public
criminal history record information related to the offense if the
court determines that:
(1) 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;
(2) if applicable, the person did not commit another
offense described by Subsection (a)(1) on or after the date on which
the person's first petition for an order of nondisclosure under
this section was submitted; and
(3) issuance of the order is in the best interest of
justice [for which the defendant was placed on community
supervision as described by Subsection (a)].
(c-1) In determining whether a person committed an offense
described by Subsection (a)(1) solely as a victim of an offense
under Section 20A.02, 20A.03, or 43.05, Penal Code, the court may
consider any order of nondisclosure previously granted to the
person under this section.
(d) A person may petition the applicable court [that placed
the person on 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 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. 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 the right to
petition for an order of nondisclosure of criminal history record
information under Section 411.0728.
SECTION 4. This Act takes effect September 1, 2019.
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