Texas 2023 - 88th Regular

Texas Senate Bill SB1012 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R7090 JRR-D
2	2	By: Parker S.B. No. 1012
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of certain victims of trafficking of
8	8	persons or compelling prostitution for an order of nondisclosure of
9	9	criminal history record information.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 411.0728(a), (b), (b-1), (b-3), (c),
12	12	and (c-1), Government Code, are amended to read as follows:
13	13	(a) This section applies only to a person:
14	14	(1) who is convicted of or placed on deferred
15	15	adjudication community supervision for:
16	16	(A) a misdemeanor [an offense] under:
17	17	(i) Subchapter D, Chapter 481 [(A) Section
18	18	481.120], Health and Safety Code[, if the offense is punishable
19	19	under Subsection (b)(1)]; or
20	20	(ii) [(B) Section 481.121, Health and
21	21	Safety Code, if the offense is punishable under Subsection (b)(1);
22	22	[(C)] Section 31.03 or 37.10, Penal Code[, if the
23	23	offense is punishable under Subsection (e)(1) or (2)]; or
24	24	(B) an offense under [(D)] Section 43.02 or
25	25	49.02, Penal Code; 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.
38	38	(b) Notwithstanding any other provision of this subchapter
39	39	or Subchapter F, a person described by Subsection (a) who satisfies
40	40	the requirements of Section 411.074(b) may petition the court that
41	41	convicted the person or placed the person on deferred adjudication
42	42	community supervision for an order of nondisclosure of criminal
43	43	history record information under this section on the grounds that
44	44	the person committed the offense [solely] as a victim of, or in
45	45	connection with being a victim of, an offense under Section 20A.02,
46	46	20A.03, or 43.05, Penal Code.
47	47	(b-1) A petition under Subsection (b) must:
48	48	(1) be in writing;
49	49	(2) allege specific facts that, if proved, would
50	50	establish that the petitioner committed the offense described by
51	51	Subsection (a)(1) [solely] as a victim of, or in connection with
52	52	being a victim of, an offense under Section 20A.02, 20A.03, or
53	53	43.05, Penal Code; and
54	54	(3) assert that if the person has previously submitted
55	55	a petition for an order of nondisclosure under this section, the
56	56	person has not committed an offense described by Subsection (a)(1)
57	57	on or after the date on which the person's first petition under this
58	58	section was submitted.
59	59	(b-3) A person convicted of or placed on deferred
60	60	adjudication community supervision for more than one offense
61	61	described by Subsection (a)(1) that the person committed [solely]
62	62	as a victim of, or in connection with being a victim of, an offense
63	63	under Section 20A.02, 20A.03, or 43.05, Penal Code, may file a
64	64	petition for an order of nondisclosure of criminal history record
65	65	information under this section with respect to each offense, and
66	66	may request consolidation of those petitions, in a district court
67	67	in the county where the person was most recently convicted or placed
68	68	on deferred adjudication community supervision as described by this
69	69	subsection. On receipt of a request for consolidation, the court
70	70	shall consolidate the petitions and exercise jurisdiction over the
71	71	petitions, regardless of the county in which the offenses described
72	72	by Subsection (a)(1) occurred. For each offense that is the subject
73	73	of a consolidated petition and that occurred in a county other than
74	74	the county in which the court consolidating the petitions is
75	75	located, the clerk of the court, in addition to the clerk's duties
76	76	under Subsection (b-2), shall promptly serve a copy of the
77	77	consolidated petition and any supporting document related to the
78	78	applicable offense on the appropriate office of the attorney
79	79	representing the state on behalf of the other county. Each attorney
80	80	representing the state who receives a copy of a consolidated
81	81	petition under this subsection may file a response to the petition
82	82	in accordance with Subsection (b-2).
83	83	(c) After notice to the state and an opportunity for a
84	84	hearing, the court having jurisdiction over the petition shall
85	85	issue an order prohibiting criminal justice agencies from
86	86	disclosing to the public criminal history record information
87	87	related to the offense if the court determines that:
88	88	(1) the person committed the offense described by
89	89	Subsection (a)(1) [solely] as a victim of, or in connection with
90	90	being a victim of, an offense under Section 20A.02, 20A.03, or
91	91	43.05, Penal Code;
92	92	(2) if applicable, the person did not commit another
93	93	offense described by Subsection (a)(1) on or after the date on which
94	94	the person's first petition for an order of nondisclosure under
95	95	this section was submitted; and
96	96	(3) issuance of the order is in the best interest of
97	97	justice.
98	98	(c-1) In determining whether a person committed an offense
99	99	described by Subsection (a)(1) [solely] as a victim of, or in
100	100	connection with being a victim of, an offense under Section 20A.02,
101	101	20A.03, or 43.05, Penal Code, the court may consider any order of
102	102	nondisclosure previously granted to the person under this section.
103	103	SECTION 2. Article 56A.052(e), Code of Criminal Procedure,
104	104	is amended to read as follows:
105	105	(e) A victim of an offense under Section 20A.02, 20A.03, or
106	106	43.05, Penal Code, is entitled to be informed that the victim may
107	107	petition for an order of nondisclosure of criminal history record
108	108	information under Section 411.0728, Government Code, if the victim:
109	109	(1) has been convicted of or placed on deferred
110	110	adjudication community supervision for an offense described by
111	111	Subsection (a)(1) of that section; and
112	112	(2) committed that offense [solely] as a victim of, or
113	113	in connection with being a victim of, an offense under Section
114	114	20A.02, 20A.03, or 43.05, Penal Code.
115	115	SECTION 3. This Act takes effect September 1, 2023.