Texas Senate Bill SB1012

Texas 2023 - 88th Regular

• Filed: 2/17/23

Caption

Relating to the eligibility of certain victims of trafficking of persons or compelling prostitution for an order of nondisclosure of criminal history record information.

Impact

The bill represents a significant shift in how the legal system addresses the past offenses of trafficking victims. By enabling individuals to request nondisclosure of their criminal records, this legislation seeks to provide a route for victims to rebuild their lives without the stigma of past charges impacting their future. This change could lead to increased support for victims, encouraging them to come forward and assist law enforcement without fear of judgment based on their criminal history. It aligns state law with broader societal views that recognize the complexities surrounding the circumstances under which many individuals engage in criminal activity as victims of larger systemic issues like trafficking.

Summary

SB1012 proposes legislation aimed at modifying the eligibility requirements for victims of trafficking or compelling prostitution to seek nondisclosure of their criminal history. The bill focuses on individuals who have been convicted or placed on community supervision for certain offenses that they committed in connection to being victims of trafficking or prostitution. SB1012 allows these individuals to petition for an order prohibiting the disclosure of their criminal history under specified conditions, emphasizing the importance of protecting victims within the criminal justice system.

Sentiment

Support for SB1012 is expected from advocacy groups focused on human rights and victim support, who view the bill as a critical step toward acknowledging the victimization of individuals caught in cycles of trafficking and prostitution. Critics, however, may argue about the implications of providing nondisclosure to individuals with criminal histories, raising concerns around accountability and public safety. The sentiment surrounding the bill is largely positive among those who advocate for the rights and protections of victims, while it may elicit skepticism from those who prioritize strict law enforcement measures.

Contention

Key points of contention around SB1012 may center on the balance between victim support and community safety. The bill proposes an expansion of the ability for certain offenders to petition for nondisclosure, which some may see as undermining public trust in the justice system. Discussions may arise regarding which offenses should qualify for nondisclosure and the criteria for determining whether a person committed an offense solely as a victim. Overall, the outcome of SB1012 will reflect ethical considerations regarding the rights of victims versus the interests of public safety.

Texas Constitutional Statutes Affected

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: 0728

Code Of Criminal Procedure

• Chapter 56a. Rights Of Crime Victims
  • Section: New Section