Texas 2019 - 86th Regular

Texas Senate Bill SB1801 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1801
	1	+	By: Huffman S.B. No. 1801
	2	+	(Hunter, Thompson of Harris)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to orders of nondisclosure for certain victims of
6	8		trafficking of persons or compelling prostitution.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 411.0728, Government Code, is amended to
9	11		read as follows:
10	12		Sec. 411.0728. PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
11	13		OF PERSONS OR COMPELLING PROSTITUTION. (a) This section applies
12	14		only to a person:
13	15		(1) who is convicted of or placed on deferred
14	16		adjudication community supervision [under Chapter 42A, Code of
15	17		Criminal Procedure, after conviction] for an offense under:
16	18		(A) Section 481.120, Health and Safety Code, if
17	19		the offense is punishable under Subsection (b)(1);
18	20		(B) Section 481.121, Health and Safety Code, if
19	21		the offense is punishable under Subsection (b)(1);
20	22		(C) Section 31.03, Penal Code, if the offense is
21	23		punishable under Subsection (e)(1) or (2); or
22	24		(D) Section 43.02, Penal Code; [or
23	25		[(E) Section 43.03(a)(2), Penal Code, if the
24	26		offense is punishable as a Class A misdemeanor;] and
25	27		(2) who, if requested by the applicable law
26	28		enforcement agency or prosecuting attorney to provide assistance in
27	29		the investigation or prosecution of an offense under Section
28	30		20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
29	31		containing elements that are substantially similar to the elements
30	32		of an offense under any of those sections:
31	33		(A) provided assistance in the investigation or
32	34		prosecution of the offense; or
33	35		(B) did not provide assistance in the
34	36		investigation or prosecution of the offense due to the person's age
35	37		or a physical or mental disability resulting from being a victim of
36	38		an offense described by this subdivision [with respect to whom the
37	39		conviction is subsequently set aside by the court under Article
38	40		42A.701, Code of Criminal Procedure].
39	41		(b) Notwithstanding any other provision of this subchapter
40	42		or Subchapter F, a person described by Subsection (a) who satisfies
41	43		the requirements of Section 411.074(b) [411.074] may petition the
42	44		court that convicted the person or placed the person on deferred
43	45		adjudication community supervision for an order of nondisclosure of
44	46		criminal history record information under this section on the
45	47		grounds that the person committed the offense solely as a victim of
46	48		an offense under Section 20A.02, 20A.03, or 43.05, Penal Code
47	49		[trafficking of persons].
48	50		(b-1) A petition under Subsection (b) must:
49	51		(1) be in writing;
50	52		(2) allege specific facts that, if proved, would
51	53		establish that the petitioner committed the offense described by
52	54		Subsection (a)(1) solely as a victim of an offense under Section
53	55		20A.02, 20A.03, or 43.05, Penal Code; and
54	56		(3) assert that if the person has previously submitted
55	57		a petition for [seeking] an order of nondisclosure under this
56	58		section, the person has not committed an offense described by
57	59		Subsection (a)(1) on or after the date on which the person's first
58	60		petition [previously received an order of nondisclosure] under this
59	61		section was submitted.
60	62		(b-2) On the filing of the petition under Subsection (b),
61	63		the clerk of the court shall promptly serve a copy of the petition
62	64		and any supporting document on the appropriate office of the
63	65		attorney representing the state. Any response to the petition by
64	66		the attorney representing the state must be filed not later than the
65	67		20th business day after the date of service under this subsection.
66	68		(b-3) A person convicted of or placed on deferred
67	69		adjudication community supervision for more than one offense
68	70		described by Subsection (a)(1) that the person committed solely as
69	71		a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal
70	72		Code, may file a petition for an order of nondisclosure of criminal
71	73		history record information under this section with respect to each
72	74		offense, and may request consolidation of those petitions, in a
73	75		district court in the county where the person was most recently
74	76		convicted or placed on deferred adjudication community supervision
75	77		as described by this subsection. On receipt of a request for
76	78		consolidation, the court shall consolidate the petitions and
77	79		exercise jurisdiction over the petitions, regardless of the county
78	80		in which the offenses described by Subsection (a)(1) occurred. For
79	81		each offense that is the subject of a consolidated petition and that
80	82		occurred in a county other than the county in which the court
81	83		consolidating the petitions is located, the clerk of the court, in
82	84		addition to the clerk's duties under Subsection (b-2), shall
83	85		promptly serve a copy of the consolidated petition and any
84	86		supporting document related to the applicable offense on the
85	87		appropriate office of the attorney representing the state on behalf
86	88		of the other county. Each attorney representing the state who
87	89		receives a copy of a consolidated petition under this subsection
88	90		may file a response to the petition in accordance with Subsection
89	91		(b-2).
90	92		(b-4) A district court that consolidates petitions under
91	93		Subsection (b-3) shall allow an attorney representing the state who
92	94		receives a petition involving an offense that was committed outside
93	95		the county in which the court is located to appear at any hearing
94	96		regarding the consolidated petition by telephone or video
95	97		conference call.
96	98		(c) After notice to the state and[,] an opportunity for a
97	99		hearing, [a determination by the court that the person has not
98	100		previously received an order of nondisclosure under this section,
99	101		and a determination by the court that the person committed the
100	102		offense solely as a victim of trafficking of persons and that
101	103		issuance of the order is in the best interest of justice,] the court
102	104		having jurisdiction over the petition shall issue an order
103	105		prohibiting criminal justice agencies from disclosing to the public
104	106		criminal history record information related to the offense if the
105	107		court determines that:
106	108		(1) the person committed the offense described by
107	109		Subsection (a)(1) solely as a victim of an offense under Section
108	110		20A.02, 20A.03, or 43.05, Penal Code;
109	111		(2) if applicable, the person did not commit another
110	112		offense described by Subsection (a)(1) on or after the date on which
111	113		the person's first petition for an order of nondisclosure under
112	114		this section was submitted; and
113	115		(3) issuance of the order is in the best interest of
114	116		justice [for which the defendant was placed on community
115	117		supervision as described by Subsection (a)].
116	118		(c-1) In determining whether a person committed an offense
117	119		described by Subsection (a)(1) solely as a victim of an offense
118	120		under Section 20A.02, 20A.03, or 43.05, Penal Code, the court may
119	121		consider any order of nondisclosure previously granted to the
120	122		person under this section.
121	123		(d) A person may petition the applicable court [that placed
122	124		the person on community supervision] for an order of nondisclosure
123	125		of criminal history record information under this section only on
124	126		or after the first anniversary of the date the person:
125	127		(1) completed the sentence, including any term of
126	128		confinement imposed and payment of all fines, costs, and
127	129		restitution imposed; or
128	130		(2) received a dismissal and discharge under Article
129	131		42A.111, Code of Criminal Procedure, if the person was placed on
130	132		deferred adjudication community supervision [person's conviction
131	133		is set aside as described by Subsection (a)].
132	134		SECTION 2. Article 56.021, Code of Criminal Procedure, is
133	135		amended by adding Subsection (e) to read as follows:
134	136		(e) A victim of an offense under Section 20A.02, 20A.03, or
135	137		43.05, Penal Code, is entitled to be informed that the victim may
136	138		petition for an order of nondisclosure of criminal history record
137	139		information under Section 411.0728, Government Code, if the victim:
138	140		(1) has been convicted of or placed on deferred
139	141		adjudication community supervision for an offense described by
140	142		Subsection (a)(1) of that section; and
141	143		(2) committed that offense solely as a victim of an
142	144		offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
143	145		SECTION 3. Section 126.004, Government Code, is amended by
144	146		adding Subsection (d) to read as follows:
145	147		(d) A program established under this chapter shall provide
146	148		each program participant with information related to the right to
147	149		petition for an order of nondisclosure of criminal history record
148	150		information under Section 411.0728.
149	151		SECTION 4. This Act takes effect September 1, 2019.
150		-	______________________________ ______________________________
151		-	President of the Senate Speaker of the House
152		-	I hereby certify that S.B. No. 1801 passed the Senate on
153		-	April 17, 2019, by the following vote: Yeas 31, Nays 0.
154		-	______________________________
155		-	Secretary of the Senate
156		-	I hereby certify that S.B. No. 1801 passed the House on
157		-	May 16, 2019, by the following vote: Yeas 140, Nays 0, two
158		-	present not voting.
159		-	______________________________
160		-	Chief Clerk of the House
161		-	Approved:
162		-	______________________________
163		-	Date
164		-	______________________________
165		-	Governor