88R7090 JRR-D
By: Parker S.B. No. 1012
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain victims of trafficking of
persons or compelling prostitution for an order of nondisclosure of
criminal history record information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.0728(a), (b), (b-1), (b-3), (c),
and (c-1), Government Code, are amended to read as follows:
(a) This section applies only to a person:
(1) who is convicted of or placed on deferred
adjudication community supervision for:
(A) a misdemeanor [an offense] under:
(i) Subchapter D, Chapter 481 [(A) Section
481.120], Health and Safety Code[, if the offense is punishable
under Subsection (b)(1)]; or
(ii) [(B) Section 481.121, Health and
Safety Code, if the offense is punishable under Subsection (b)(1);
[(C)] Section 31.03 or 37.10, Penal Code[, if the
offense is punishable under Subsection (e)(1) or (2)]; or
(B) an offense under [(D)] Section 43.02 or
49.02, Penal Code; 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.
(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) 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, or in
connection with being a victim of, an offense under Section 20A.02,
20A.03, or 43.05, Penal Code.
(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, or in connection with
being 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 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 under this
section was submitted.
(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, or in connection with being 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).
(c) After notice to the state and an opportunity for a
hearing, 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, or in connection with
being 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.
(c-1) In determining whether a person committed an offense
described by Subsection (a)(1) [solely] as a victim of, or in
connection with being 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.
SECTION 2. Article 56A.052(e), Code of Criminal Procedure,
is amended 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, or
in connection with being a victim of, an offense under Section
20A.02, 20A.03, or 43.05, Penal Code.
SECTION 3. This Act takes effect September 1, 2023.